제3자이의
1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.
2. The plaintiff's remaining claims against the defendants.
1. Determination as to the part on the confirmation of ownership of 233 copies of the 372 Doed fish set forth in the attached Table 2 list sold
A. The Plaintiff’s assertion 372 23 of the salted fish 372, as indicated in the attached list 2, was owned by the Plaintiff, and the Plaintiff did not provide it to Defendant G Co., Ltd. (hereinafter “Defendant G”).
Nevertheless, upon Defendant G’s application for voluntary auction, 372 sporessed in attached Table 2 were entirely sold, and the distribution of 16,683,49 won, excluding enforcement expenses, from the proceeds of sale on September 19, 2018, is completed as dividends to G, and the lawsuit of demurrer against distribution filed by C is pending.
The Plaintiff’s claim for return of unjust enrichment in relation to the sale of 233 copies of the 372 sled fish, which was sold by the Plaintiff, should be based on the premise that the said 233 copies were owned by the Plaintiff. Therefore, there is a benefit to seek confirmation of ownership from the Plaintiff.
B. (1) In a lawsuit for confirmation, the subject of confirmation is the current rights or legal relations, barring any special circumstance, and thus, it is not recognized that the previous rights or legal relations exist, barring any special circumstance.
(Supreme Court Decision 2012Da17585 Decided August 23, 2013). A lawsuit for confirmation is recognized in cases where obtaining a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s legal status when the Plaintiff’s unstable and dangerous risks, and an action for seeking performance may be brought, notwithstanding the fact that filing a lawsuit for confirmation is not a final resolution method of a dispute, and thus there is no benefit in confirmation.
(2) In the instant case, even if the Plaintiff’s assertion itself is based on the Plaintiff’s assertion, the Plaintiff seeks confirmation as to 233 copies of the salted fish set forth in the attached Table 2, which was already sold upon Defendant G’s application, prior to the sale thereof. The subject of such confirmation constitutes the past rights or legal relations.
In addition, the argument of this case, including the circumstances alleged by the plaintiff.