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(영문) 대법원 2017.03.15 2014다208255

협약유효확인

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

Judgment ex officio is made.

1. A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is rendered at the time of the most effective and appropriate means to eliminate the Plaintiff’s right or legal status imminent danger (see, e.g., Supreme Court Decision 2006Da68650, Feb. 9, 2007). A lawsuit for confirmation does not necessarily have a legal relationship between the original defendant and either the third party or a third party, but may be subject to legal relationship between the original defendant and the third party. However, in relation to such legal relationship, it is necessary to immediately determine the legal relationship as the object of confirmation in order to eliminate risks or apprehensions existing in the Plaintiff’s right or legal status. Moreover, the benefit of confirmation is the most effective and appropriate means.

(see, e.g., Supreme Court Decision 94Da23388, Nov. 8, 1994). Such a legal doctrine applies in cases where one of the original defendants entered into a contract or agreement with a third party, but a dispute arises over the rescission or termination of a contract or agreement thereafter.

2. The record reveals the following facts. A.

On December 7, 1978, pursuant to Article 44 of the former Immigration Control Act (wholly amended by Act No. 3694, Dec. 31, 1983) of the Immigration Control Act (wholly amended by Act No. 3694, Dec. 31, 1983), the Plaintiff completed the registration of a foreign organization with the name of the organization as “V”, and changed the name of 193 in W.

After that, on March 15, 1999, the Plaintiff obtained authorization for establishment pursuant to Article 4 of the former Elementary and Secondary Education Act (amended by Act No. 11384, Mar. 21, 2012; hereinafter the same) and Article 12 of the former Rules on Various Schools (amended by Ordinance of the Ministry of Education No. 57, Mar. 5, 2015; hereinafter the same) from the Superintendent of the Office of Education of Daejeon Metropolitan City (amended by Act No. 11384, Aug. 1, 201).

B. L (L; hereinafter referred to as “L”) is the Plaintiff’s total sense from September 1996.