회원지위확인
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The counterclaim of the Defendant (Counterclaim Plaintiff) brought at the trial shall be dismissed.
1. The reasoning for the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the "additional Judgment" as stated in paragraph (2) below, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the
2. Additional determination of the trial;
A. 1) Even if the plaintiff asserted in the principal lawsuit of this case won the plaintiff in favor of the defendant in this case, the legal status of the existing plaintiff, i.e., whether the plaintiff has the right to receive allocation of compensation for expropriation of the land of this case, does not eliminate legal anxiety and risks. Thus, the plaintiff's filing a lawsuit for performance against the defendant to claim distribution of compensation for expropriation of this case against the defendant rather than the principal lawsuit of this case is the most effective means to eliminate anxietys about the present legal status, and therefore, the principal lawsuit of this case is unlawful as there is no benefit of confirmation. Therefore, in the lawsuit for confirmation of confirmation, there is no benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is necessary to immediately remove it because it is unstable in rights or legal status, danger is dangerous, and removal of risk is recognized only as the most appropriate means to be the most effective measure to receive the judgment of confirmation. Thus, the lawsuit for confirmation cannot be allowed if there is no need to receive the judgment of confirmation due to the existence of other special circumstances.
(See Supreme Court Decision 94Da21559 delivered on August 11, 1995). The main lawsuit of this case seeks the confirmation that the plaintiff is a member of the defendant. Since the defendant sought a ruling of dismissing the main lawsuit by asserting that the plaintiff is not a member of the defendant, the plaintiff is currently seeking a legal status concerning his legal status.