주위토지통행권확인
1. The plaintiff's part of the lawsuit of this case concerning the claim for confirmation is dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. First, we examine the part of the claim for confirmation ex officio.
A. As stated in the purport of this case’s lawsuit, the Plaintiff: (a) the Defendant violated the relevant provisions of the Licensed Real Estate Agent Act in the course of purchasing the instant real estate from E; and (b) deceiving E; (c) the Defendant’s act is against the principle of trust and good faith and is also against the fiduciary duty
B. Prior to determining the propriety of the Plaintiff’s claim, we first examine whether such a confirmation lawsuit may be allowed.
1) The Plaintiff seeks confirmation on the legal relationship between E and the Defendant, which is not his own legal relationship, and the legal relationship between E and the Defendant. In principle, the lawsuit for confirmation is permitted only to the direct legal relationship between the Plaintiff and the Defendant, and the benefit of confirmation as to the third party’s legal relationship can only be denied unless the res judicata effect of the judgment of confirmation does not affect the third party. However, the Plaintiff is the Plaintiff’s assertion that each of the instant real estate was in fact owned by each of the instant real estate under the premise that it was in fact owned by the Plaintiff (i.e., the
(2) Although this confirmation is sought, there is no evidence to acknowledge that each real estate of this case is the Plaintiff’s ownership, it cannot be deemed that the content of the Plaintiff’s claim for confirmation pertains to a legal relationship between the Plaintiff and the Defendant. Also, in order to recognize the benefit of confirmation, there is no valid and appropriate means other than obtaining a judgment of confirmation in order to resolve unstable rights or status of the Plaintiff. Even if a judgment of winning a lawsuit for confirmation is rendered in favor of the Plaintiff by filing a lawsuit for confirmation, filing a lawsuit for confirmation only because the judgment of confirmation does not have executory power or formation ability, and thus, filing a lawsuit for confirmation is permissible as a fundamental solution to dispute resolution.