1. The instant lawsuit shall be dismissed.

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

We examine the defendant's main defense of safety.

The Plaintiff concluded each sales contract stated in the purport of the claim in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus, each of the above sales contracts is null and void in violation of Article 103 of the Civil Act. As such, the Plaintiff sought confirmation of the invalidity of each of the above sales contracts as the instant lawsuit

In a lawsuit for confirmation of a legal relationship, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, if there is apprehension or risk between the plaintiff's rights or legal status, it is the most effective and appropriate means to eliminate such apprehension or risk (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). Moreover, a lawsuit for confirmation is not necessarily limited to a legal relationship between the original defendant, but can be subject to the legal relationship between one party and a third party or between a third party, but in order to have a benefit of confirmation of the legal relationship, it is necessary to immediately determine the risk that exists in the party's rights or legal status according to the legal relationship, and it is necessary to remove such risk, and it should be the most effective and appropriate means.

(see, e.g., Supreme Court Decision 94Da23388, Nov. 8, 1994). Meanwhile, the legal status of the complainant who seeks to remove the risk risk by means of a lawsuit seeking confirmation is not necessarily required to be supported by a specific right, and even if the occurrence of a specific right based on the legal status of the complainant is not certain for reasons such as the occurrence of a condition or deadline or the process of formation of a legal relationship, the benefit of confirmation can be recognized.