Main Issues

In the past, existence of rights or legal relations and confirmation litigation

Summary of Judgment

(a) An act made by a person lacking the power of representation in the course of conducting the procedural acts shall have effect retroactively to the time of the act if it is ratified by the parties; and

[Reference Provisions]

Article 225 of the Civil Procedure Act

Plaintiff-Appellee

The deceased M&C successor to the deceased M&C lawsuit

Defendant-Appellant

Maximum Gyeong-do et al.

Judgment of the lower court

Seoul High Court Decision 57 civil service58 delivered on December 28, 1957, Seoul High Court Decision 57 civil service 558 delivered on December 28, 1957

Reasons

In a lawsuit for confirmation, since there is a legal interest that must be immediately confirmed as to the existence of present rights or legal relations, it cannot be permitted to confirm the existence of past rights or legal relations. In this case, according to the records of this case and the original judgment, the plaintiff sought confirmation as to the establishment registration of mortgage cancellation on the original real estate by modifying the purport of the claim, and the plaintiff sought confirmation as to the non-existence of the secured claim amounting to 500,000,000,000 won and the invalidity of the transfer of the preferred claim as the registration of mortgage transfer, but the contents of the evidence No. 6 and the facts duly admitted by the court below, which do not conflict with the establishment, are pride. Accordingly, the plaintiff's lawsuit for confirmation of this case is related to the existence of past rights or legal relations, and it cannot be said that there is no interest in immediate confirmation. Thus, even though the plaintiff's claim should be dismissed, it cannot be justified in the original judgment.