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1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.
2. The defendant shall provide the plaintiff with the attached list.
Reasons
1. As to the legitimacy of the part of the claim for confirmation, the Plaintiff seeks confirmation against the Defendant that the ownership of the real estate indicated in the separate sheet, C owned, is the Defendant, and ex officio, we examine whether the part of the claim for confirmation in the instant lawsuit is lawful.
In a lawsuit for confirmation, there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is recognized as the most effective and appropriate means to determine the Plaintiff’s legal status as a confirmation judgment to eliminate such apprehension and danger when the Plaintiff’s legal status is unstable and dangerous (see, e.g., Supreme Court Decision 93Da40089, Nov. 22, 1994). In light of the above legal principles, the Plaintiff may file a lawsuit claiming performance by exercising the right to claim ownership transfer registration or the right to claim ownership cancellation against C or his/her heir on behalf of the Defendant on behalf of the Defendant. Even if the Plaintiff was rendered confirmation as alleged, the res judicata effect of the judgment does not extend to C only between the Plaintiff and the Defendant, and thus, the Defendant could not immediately transfer ownership to the Plaintiff on the real estate listed in the separate sheet. Thus, the instant confirmation judgment against the Defendant cannot be the most effective and appropriate means to eliminate the Plaintiff’s legal status’s uncertainty and risk.
Therefore, the part concerning the claim for confirmation in the lawsuit of this case is unlawful as there is no benefit of confirmation.
2. Determination as to the remaining claims
(a)the description in the corresponding part of the claim for the indication of the claim;
B. Articles 208(3)1 and 257 of the Civil Procedure Act of the judgment without holding any pleadings
3. If so, the part of the claim for confirmation in the lawsuit in this case is unlawful and dismissed, and the remaining claims are accepted as reasonable, and it is so decided as per Disposition.