1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. We examine the interest in the confirmation of the instant lawsuit ex officio by examining the legitimacy of the lawsuit.

In a case where one’s own right or legal status is a threat or interfered with by being denied by or against another person, the other party shall be required to verify his/her own right or legal status against the other party, and where the other party who denies his/her own right or legal status claims the rights or legal relations against a third party who is incompatible with his/her own claim and seeks the confirmation of the other party’s claim that there is no such rights or legal relations with the other party. Even if a judgment is rendered in favor of the other party in the lawsuit of confirmation, the other party’s claim does not confirm his/her own right in relation to the other party, but does not affect the third party, and thus, the lawsuit of confirmation of non-existence cannot be an effective and appropriate means to resolve the uncertainty or risk in his/her own

(see, e.g., Supreme Court Decision 95Da26131, Oct. 12, 1995). In this case, whether the Plaintiff has the interest in confirmation, and even if the Plaintiff was rendered a favorable judgment, the judgment does not confirm the Plaintiff’s right to the Defendant in relation to the Defendant, but does not affect the Nonparty B or the third party, and thus, the Plaintiff’s claim against the Defendant for confirmation of the absence of the claim stated in the purport of the claim against Nonparty B cannot be deemed an effective and appropriate means in resolving the dispute. Thus, the instant lawsuit is unlawful because there is no interest in confirmation.

2. The instant lawsuit is dismissed as unlawful.