1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 13, 1964, C completed the registration of ownership transfer with respect to 4066 square meters (hereinafter “instant land”). The address of C entered in the certified copy of the register is “Yuk-gun F”.

B. The Plaintiff’s father D transferred his resident registration to Young Young-gun G on March 30, 1976.

C. The Plaintiff’s father D died on October 31, 2014, and his heir, on March 21, 2017, entered into an agreement on the division of inherited property with the Plaintiff’s sole inheritance of the instant land.

The Plaintiff filed an application for ownership transfer registration on the instant land due to inheritance due to an agreement division, but on April 10, 2017, the Daegu District Court Young-gu District Court Young-gu Branch Branching the Plaintiff’s registration application dismissed the Plaintiff’s application on the ground that the address on the abstract of the Plaintiff’s resident registration D on the registry of the instant land is inconsistent with C’s address on the registry of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 12, and 16, the purport of the whole pleadings

2. Judgment ex officio on the legitimacy of the lawsuit

A. The Plaintiff asserted that father D and the registered titleholder C of the instant land were the same person, and sought confirmation thereon against the Defendant.

B. (1) In a lawsuit for confirmation, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is the most effective and appropriate means to determine the Plaintiff as a confirmation judgment in order to eliminate the anxiety and danger when the Plaintiff’s legal status is unstable and dangerous.

Any third party, other than the State, who asserts that he/she is a legitimate owner of the land for which ownership transfer registration is made, shall obtain a judgment against the title holder of the registration to confirm his/her ownership, and there is no benefit to seek confirmation of ownership against the State.

claim for the confirmation of land ownership against the State.