1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

1. The Plaintiff (Appointed Party)’s assertion and the designated parties (hereinafter “Plaintiffs, etc.”)’s assertion completed the registration of ownership transfer as to D-W, 285 square meters (hereinafter “instant land”).

F, as the Defendant, had built and resided on the instant land, and thereafter the Defendant asserted the completion of the prescription period for acquisition of possession of the instant land against the Plaintiff et al., and won the case by filing a lawsuit under the Youngju District Court's Young-dong Branch 2015No358.

However, since the defendant obtained a favorable judgment by deception in the above case, it is necessary to obtain confirmation that the land in this case is owned by the plaintiff, etc.

2. Determination as to the legitimacy of the instant lawsuit

A. A. The legal action for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment for confirmation is rendered at the time of the most effective and appropriate means to eliminate the Plaintiff’s rights or legal status in danger and danger (see Supreme Court Decision 2014Da208255, Mar. 15, 2017).

According to the records, on March 1, 1939, E completed the registration of ownership transfer with respect to the instant land on September 12, 2016, the Defendant received a provisional disposition to preserve the right to claim the ownership transfer registration on the ground of the completion of prescriptive acquisition with respect to the instant land on September 12, 2016, and the entry registration has been completed, and on June 10, 2016, the Cheongju District Court Decision 2015Kadan358 decided on June 10, 2016 rendered that “the Plaintiff et al. shall implement the procedure for the ownership transfer registration on August 31, 2005 with respect to the inheritance shares of the Plaintiff et al. among the instant land by the Plaintiff et al., but the Cheongju District Court dismissed the appeal on January 11, 2017, while the Plaintiff (Appointed Party) filed an appeal, the Supreme Court appealed on August 28, 2018.