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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation and the determination by the confirmation judgment is the most effective and appropriate means in order to eliminate the uncertainty 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.
A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in extenuating circumstances, such as denying the ownership of a third party who is the registered titleholder and asserting that the State is the ownership of the State.
(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, Supreme Court Decision 94Da39123 Decided May 9, 1995, etc.). In light of the aforementioned legal principles, inasmuch as the fact that the “E-type” in the register of each real estate (hereinafter each real estate of this case) stated in the purport of the claim is stated as the owner, it is recognized that the “E-type” is stated in the register of each real estate (hereinafter each real estate of this case) in the purport of the claim, and that the Defendant did not assert the ownership of the “E-type” while denying the ownership of the “Etype,” there is no benefit to seek confirmation against the Defendant on the ownership of each real estate of this case.
Therefore, the lawsuit of this case is unlawful as there is no benefit of confirmation, and it is so decided as per Disposition.