주지지위확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
A lawsuit for confirmation is allowed when the Plaintiff’s right or legal status is in danger, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute (see Supreme Court Decision 2001Da19776, Jun. 26, 2001). However, in this case, the Plaintiff sought against the Defendant to verify himself/herself that he/she is in the position of the inspector who belongs to the Defendant C. On January 5, 2015, the Defendant submitted a written answer to the purport that he/she recognizes the Plaintiff’s assertion. Meanwhile, there is no evidence to support the Defendant’s assertion of the Plaintiff’s above-known position before the instant lawsuit was filed.
If so, it is difficult to view the Plaintiff’s right or legal status as present unstable or dangerous, and the instant lawsuit is unlawful as there is no benefit of confirmation.
Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.