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. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) to file a claim for ownership transfer registration under the Cheongju District Court Branching 2015Kadan358 square meters (hereinafter “instant land”). On June 10, 2016, the said court accepted the Defendant’s claim for the completion of the prescriptive acquisition on the instant land and sentenced the Defendant to the judgment that “the Plaintiff, etc. shall implement the procedure for ownership transfer registration on August 31, 2005 for the completion of the prescriptive acquisition.”

B. The Plaintiff et al. appealed with the Cheongju District Court No. 2016Na2100 against the above judgment of the first instance court, but the said court rendered a judgment dismissing the appeal on January 11, 2017.

C. The Plaintiff et al. appealed with Supreme Court Decision 2017Da3802 regarding the above judgment of the second instance, but the Supreme Court dismissed the Plaintiff et al.’s appeal on August 1, 2018.

On September 17, 2018, the Defendant completed the registration of ownership transfer on August 31, 2005 with respect to the instant land (hereinafter “instant registration of ownership transfer”).

[Ground of recognition] Unsatisfy,

2. We examine whether the part concerning the claim for confirmation of ownership among the lawsuit of this case is lawful, and whether the part concerning the claim for confirmation of ownership is legitimate.

Lawsuits for confirmation are allowed in cases where there is a benefit to immediately determine the current rights or legal relations between the parties to the dispute, unless there are other special circumstances. In general, past legal relations cannot be subject to litigation for confirmation.

(see Supreme Court Decision 94Da35565, 35572, May 10, 1996). Moreover, in a lawsuit for confirmation, there is a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to remove the Plaintiff’s rights or legal status in danger and danger (see, e.g., Supreme Court Decision 2014Da208255, Mar. 15, 2017).