계약자지위확인등 청구의 소
1. Of the judgment of the court of first instance, the part requesting the confirmation of the status of a contractor under a construction contract is revoked, and thus revoked.
1. Matters to be explained by the court on this part of the basic facts are as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as stated in Article 420 of the Civil Procedure Act, in addition to the dismissal of “B” on the third and fourth pages of the judgment of the court of first instance as “the plaintiff”
2. Whether a lawsuit seeking confirmation of the status of a contractor under the construction contract is lawful ex officio.
In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is rendered at the time of most effective and appropriate means to eliminate inwards and risks existing in the plaintiff's rights or legal status, and even though it is possible to bring a lawsuit for confirmation of confirmation to claim performance, it is not a final solution of dispute, and therefore there
(See Supreme Court Decision 2006Da68650 Decided February 9, 2007, and Supreme Court Decision 2005Da41153 Decided July 10, 2008, etc.). Furthermore, in a lawsuit for confirmation, the subject of confirmation requires that it be the current rights or legal relations, barring any special circumstance, it is not recognized as the existence of past rights or legal relations.
(see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013). The Plaintiff asserts that the Defendant’s notice of termination of each contract for construction works listed in the separate sheet is invalid, and sought confirmation as to the fact that he/she is in the position of the contractor under each construction contract.
However, since the fact that all of the above construction works had been completed by the different enterprises is the plaintiff, it is the past rights and legal relations that the plaintiff was in the position of contractor under each of the above construction contracts. If the plaintiff was not paid the price for each of the above construction works, filing a lawsuit for payment of the price is a final resolution method of dispute. Thus, the plaintiff is the contractor under each of the above construction contracts, as long as it is the plaintiff.