주위토지통행권확인
1. The plaintiff's appeal is dismissed.
2. Of the ancillary claims of the instant lawsuit, the part on the claim for the performance of the duty of omission.
1. Judgment as to the main claim
A. In the course of purchasing each of the instant real estate from E by the Defendant, as stated in the primary purport of the claim, the Plaintiff, as the instant lawsuit, knew E that the Defendant breached the relevant provisions of the Licensed Real Estate Agent Act, and argued that the Defendant’s act was in breach of the good faith principle and the good manager’s duty of care.
Plaintiff
Before determining the propriety of a claim, we first examine whether such a confirmation suit can be allowed.
The Plaintiff is seeking confirmation of the legal relationship between E and the Defendant, not its own legal relationship.
However, the lawsuit of confirmation is in principle permitted only to the direct legal relationship between the original defendant and the third party's legal relationship, and the benefit of confirmation of the third party's legal relationship should be denied unless the res judicata effect of the confirmation judgment does not affect the third party.
The Plaintiff sought such confirmation under the premise that each real estate of this case is in fact owned by the Plaintiff (i.e.,, the Plaintiff’s gift to the Plaintiff, but the Plaintiff’s title trust to E without being registered in its own name). However, there is no evidence to acknowledge that each real estate of this case was owned by the Plaintiff as alleged above (i.e., the Plaintiff’s assertion that each real estate of this case was owned by the Plaintiff cannot be deemed as the owner since the Plaintiff did not have registered in its own name as to each real estate of this case, even if it was alleged by the Plaintiff), and the content of the Plaintiff’
In addition, for the benefit of confirmation to be recognized, there is no effective and appropriate means other than being judged in order to resolve the plaintiff's right or status unstable. Even if a lawsuit for confirmation is filed and a winning judgment is rendered, the confirmation judgment has no executory power or formation ability.