1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The remaining claims of the Plaintiff (Appointed Party).

1. On January 17, 2009, the Plaintiff and the designated parties are successors of the deceased net B (BC) (E) (hereinafter “the deceased”).

On July 1, 2013, when the land in this case was unregistered, registration of ownership preservation has been completed in the future of the defendant.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 5-1, and the purport of the whole pleadings

2. We examine ex officio determination as to the legitimacy of the part concerning the claim for confirmation of ownership among the instant lawsuit, and examine the legitimacy of the part concerning the claim for confirmation of ownership.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment of confirmation against the defendant in order to eliminate the Plaintiff’s rights or legal status in danger, apprehension and danger. Thus, a lawsuit for confirmation can be brought, despite the fact that a lawsuit for confirmation is not a final solution of a dispute, and thus there is no benefit of confirmation.

(See Supreme Court Decision 2004Da36215 Decided July 14, 2005, etc.). Meanwhile, Article 65 Subparag. 2 of the Registration of Real Estate Act provides that “a person who proves his/her ownership by a final and conclusive judgment may apply for registration of preservation of ownership of unregistered land.” The above final and conclusive judgment is sufficient when a judgment certifying that the applicant has ownership, and there is no restriction on the type thereof, and thus, it is not necessary to have a confirmation judgment, and there is no relationship between a performance judgment and a formation judgment.

In addition, Article 3(c) of the "Guidelines for Business Affairs Concerning Applicants for Registration of Preservation of Ownership of Unregistered Real Estate (No. 1483 of the Registration Rules, February 22, 2013)".

(1) According to paragraph (1), where a judgment falls under Article 65 subparagraph 2 of the Registration of Real Estate Act, “a judgment ordering cancellation of registration of preservation of ownership on the ground that the relevant real estate is owned by the applicant for registration of preservation.”