beta
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's lawsuit against the defendants is dismissed in entirety.
3. The total cost of the lawsuit.
Reasons
1. The main point of the plaintiff's argument is that the defendant C, who is the member of the defendant C, is not registered in the "B family register" of the defendant clan, and thus, the defendant C, who is the member of the defendant clan, is not a member of the defendant clan, and seek confirmation thereof.
2. Determination ex officio as to the legitimacy of the Plaintiff’s lawsuit against the Defendants
A. In a lawsuit for confirmation of a relevant legal doctrine, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is the most effective and appropriate means to determine the Plaintiff’s legal status as a confirmation judgment to eliminate such apprehension and danger (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). In addition, in a lawsuit for confirmation, only the legal relationship between the parties is not subject to confirmation, but only the legal relationship between the parties or between a third party is not subject to confirmation. In a dispute between the parties as to the legal relationship between either party and a third party, there is an apprehension or risk in the legal relationship between the parties, and the other party’s legal relationship confirmation is a valid and appropriate means to eliminate anxiety or risk to the party’s legal relationship. If it becomes an effective and adequate means to resolve the other party’s legal relationship with the other party’s legal relationship, there is a benefit in confirmation
(See Supreme Court Decision 2006Da77272 Decided February 15, 2008, etc.). B.
The judgment on the lawsuit against the defendant's clan ① seeking confirmation against the defendant's clan that the plaintiff is not a member of the defendant's clan is about the relation of the rights of the third party, and the fact that the defendant C is classified as a member of the defendant's clan itself is merely a factual issue that does not have any relation to the plaintiff's legal relations, such as the plaintiff's rights and duties, barring any special circumstance, and it is unstable or dangerous for the plaintiff's rights and duties.