하자보수보증금청구권 부존재확인의 소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1.(a)
A lawsuit for confirmation requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment for confirmation is rendered at the time when it is the most effective and appropriate means to eliminate the risks existing in the Plaintiff’s rights or legal status (see Supreme Court Decision 2018Da281159, Mar. 14, 2019).
A lawsuit for confirmation is not necessarily limited to a legal relationship between the original defendant and a third party, but can be subject to the legal relationship between one of the original defendant and a third party or between third parties. However, according to such legal relationship, the confirmation of such legal relationship is required to be immediately determined by the confirmation judgment based on the legal relationship as the object of confirmation in order to eliminate the current apprehension or risk of the plaintiff's rights or legal status, and it is also the benefit of confirmation being the most effective and appropriate means.
(See Supreme Court Decision 94Da23388 delivered on November 8, 1994, etc.). 2. The record reveals the following facts.
The defendant is an autonomous management body organized by the occupants to manage the Seongbuk-gu Seoul Metropolitan Government B apartment 28 units of 1,971 units (hereinafter "the apartment of this case"), and the plaintiff is a contractor who has been awarded a contract for the construction of the new apartment of this case by the Housing Redevelopment Association in the Zone C (hereinafter "the redevelopment Association of this case").
B. On June 27, 2003, the Plaintiff entered into each contract for the warranty of defects with the Korea Housing Guarantee Corporation (the name was changed to the Korea Housing and Urban Guarantee Corporation; hereinafter referred to as the “Korea Housing and Urban Guarantee Corporation”) for the warranty period of 1,2,3,5,10 years (hereinafter referred to as the “each warranty contract of this case”), and deposited each corresponding warranty bond with the head of Seongbuk-gu Seoul Housing and Urban Guarantee Corporation for the warranty period of 1,2,3,5,000.
C. The instant case.