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(영문) 서울서부지방법원 2020.01.10 2019나1354

손해배상(기)

Text

1.The action of intermediate confirmation added by this Court shall be dismissed.

2. The plaintiff (the intermediate confirmation plaintiff)'s appeal is dismissed.

Reasons

1. Determination ex officio as to the legitimacy of a lawsuit for interim confirmation

A. The Plaintiff’s assertion as to a lawsuit for interim confirmation is a person in charge of the field work of the Daejeon Metropolitan City Daejeon Metropolitan City office, and after confirming whether there is no illegal matter at the time of granting a building permit for an illegal building, the Plaintiff’s assertion as to the lawsuit for interim confirmation was made by falsely preparing official documents and written statements to the court in order to avoid liability to the Plaintiff, who is the buyer, and thereby, the Plaintiff lost the Plaintiff in the Daejeon High Court Decision 2013Na12547.

B. The lawsuit for interim confirmation is additionally brought in order to determine whether the legal relationship with the original claim is established in the preliminary relation while the lawsuit is pending, and the subject of confirmation is limited to the existence of the legal relationship which is the preliminary question of the main claim.

However, in this case, the matters the plaintiff is seeking interim confirmation are merely repeating the issues that have already been judged in the relevant judgment, and the legitimacy of the cause of the claim in this case was made by the illegal act of the judge in charge.

There is no benefit of independent confirmation because it does not fall under the present legal relationship which determines whether the criteria required to comply with the judge's performance of duty have been significantly violated or not.

(The Plaintiff’s lawsuit for interim confirmation of this case is unlawful, even if the content of each written amendment of the purport of the claim is considered as of December 24, 2019 and January 3, 2020 submitted by the Plaintiff after the closing of argument in the trial.)

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion