Litigation costs shall be borne by the plaintiff.

A. On October 2010, the Plaintiff’s summary of the Plaintiff’s assertion sold the instant tree to Defendant B and C. The said Defendants did not pay the remainder of KRW 33,00,000,000, while paying the down payment of KRW 17,000,000. The Plaintiff notified the said Defendants of the termination of the sales contract around the end of December 2016.

However, there was an agreement among the Defendants that Defendant B and C transferred ownership of the instant trees to Defendant D (hereinafter “instant agreement”). Since the instant agreement is null and void in relation to the Plaintiff, who is the owner of the instant trees, it sought confirmation of the invalidity of the instant agreement.

B. 1) Determination 1) The litigation for confirmation requires a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2006Da68650, Feb. 9, 2007). B) The litigation for confirmation is not necessarily limited to a legal relationship between the original and the Defendant, but can be subject to the legal relationship between the third party or a third party. However, in order to remove the cause of existing danger or apprehension in the Plaintiff’s rights or legal status, it is necessary to immediately determine the legal relationship with the original and the Defendant as the object of confirmation, and it is the benefit of confirmation that is the most effective and adequate means (see, e.g., Supreme Court Decision 2014Da208255, Mar. 15, 2017).