손해배상(기)
1. The action of interim confirmation added in the trial shall be dismissed;
2. The plaintiff (the intermediate confirmation plaintiff)'s appeal is dismissed.
3...
1. Determination ex officio as to the legitimacy of a lawsuit for interim confirmation
A. The gist of the Plaintiff’s assertion in a lawsuit for interim confirmation is that the Plaintiff is the substantial right holder of the farm, who is entitled to guarantee the property right, regardless of compensation for loss or damage, and the abolition of the fishery report by the newly established military forces does not meet the requirements prescribed by the relevant Acts and subordinate statutes. As such, the filing period of a lawsuit for reexamination under Article 451(2) of the Civil Procedure Act is clearly illegal and illegal. The filing period of a
Nevertheless, the judgment of Gwangju High Court 2008Na2660, Gwangju High Court 201Na4727, Gwangju High Court 201Na4727, and Gwangju High Court 2016Na322 (hereinafter “relevant judgments”) was judged differently, thereby preventing the Plaintiff from being guaranteed the property rights provided for in Article 23 of the Constitution.
Thus, in the lawsuit of this case seeking state compensation for the reason that the plaintiff's property right has been infringed by the illegal and unfair related judgments, ① whether the plaintiff has the right to be guaranteed property right, ② whether the abolition of fishery report is legitimate, ③ how to calculate the period for filing a lawsuit for reexamination is a preemptive relation to the original claim, and thus, an interim confirmation of the above issues is sought.
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 has sought interim confirmation are merely repeating the issues that have been judged in the related judgments, and the legitimacy of the cause of the claim in this case was made by the judge in charge of such a determination, that is, by the unlawful and unjust purpose.
or judge, or judge.