채무부존재확인의소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except where the judgment on the plaintiff's argument in the court of first instance is added as stated in paragraph (2) below, since the judgment on the plaintiff's argument in the court of first instance is identical to that on subparagraphs 8 through 5 and 11 of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8
2. Additional determination of the Plaintiff’s assertion in the trial room
A. The purport of the Plaintiff’s assertion is that the Plaintiff is a separate form of lawsuit in which an appeal litigation and a party’s lawsuit are separated from one another, and that the case in which an appeal litigation is filed and the case in which a party’s lawsuit is filed. Therefore, in a case where the existence of supplementary nature is disputed by filing a party’s lawsuit in the form of a party’s lawsuit, it should be examined only within the scope of the party’s lawsuit, whether the lawsuit can be instituted as a form of litigation or a performance lawsuit, and whether there is a benefit of confirmation.
B. A lawsuit seeking confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized as the most effective and appropriate means to remove the Plaintiff’s right or legal status’s imminent unstable danger (see Supreme Court Decision 2018Da281159, Mar. 14, 2019). The supplementary nature of a lawsuit seeking confirmation is required in accordance with the general principle of the litigation system, in principle, where a party is able to bring a dispute over through the more effective litigation form, due to the lack of executory power, and is not effective in the fundamental resolution of the dispute, and is not helpful in the litigation economy.
Therefore, the type of administrative litigation under Article 3 of the Administrative Litigation Act is an appeal litigation, party litigation, civil relay litigation, agency litigation.