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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 1, 2018, the Plaintiff’s summary of the Plaintiff’s assertion entered into a building management service contract with the Defendant for the building management service contract with the Seoul Yeongdeungpo-gu Seoul Metropolitan Government C (hereinafter “instant contract”) and performed the management service pursuant to the said contract.
Around February 13, 2019, the Defendant notified the termination of the instant contract on the ground that the Plaintiff violated the terms and conditions of the contract, but the grounds alleged by the Defendant cannot be deemed the grounds for termination of the contract.
Since the termination of the contract by the defendant has no effect, the plaintiff seeks confirmation that the termination of the contract of this case is null and void.
2. According to the evidence No. 1 of the judgment as to the legitimacy of the lawsuit, the fact that the contract term of the instant contract is from July 1, 2018 to June 30, 2019 can be acknowledged.
Since it is apparent that the contract of this case was terminated by the expiration of the term of validity at the time of the closure of the pleadings of this case, seeking confirmation of invalidity of the contract of this case is seeking confirmation of past legal relations.
In the past, where the current legal relations also affect the current rights or legal status, and it is recognized that obtaining a judgment on confirmation of the legal relations is valid and appropriate means to eliminate risks or apprehensions with respect to the current rights or legal status, there is a benefit of confirmation. However, there is no reason to deem that the Plaintiff seeking confirmation of invalidation of the contract of this case is an effective and appropriate means to eliminate risks or apprehensions with respect to the current rights or legal status.
There is no benefit to seek confirmation of invalidation of the instant lawsuit.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the lawsuit of this case is unlawful and dismissed.
After the closure of pleadings, the Plaintiff submitted an application for modification of the purport of the claim seeking confirmation of the status of the custodian.
The claim is the confirmation that the termination of the building management service contract, which is the claim before the conclusion of pleadings, and the modification of the claim.