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(영문) 의정부지방법원 2018.02.14 2016가합55988
종중원지위 부존재 확인 청구
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The summary of the plaintiffs' assertion is that the defendant F is the member of the defendant E's family (hereinafter "the defendant's family") on the ground that he is the member of the defendant E's family among the descendants of G 21 years of age H, and the above I did not appear in the family register before 1998, and the above H's family council was changed to the above I in the course of the amendment of the family register in 1998, and the defendant F first entered the defendant F in the descendants of the defendant's clan as the descendants of the defendant's family, because it is merely a false statement, it cannot be the descendants of the defendant's family.

Therefore, seeking the confirmation that Defendant F was not a member of the Defendant clan or that Defendant F was not a member of the Defendant clan, or that Defendant F was not a member of the Defendant clan H’s descendants under G 21 years old, and that Defendant F was not a member of G 21 years old descendants against Defendant F.

2. Determination ex officio as to the legitimacy of the instant lawsuit

A. Relevant legal principles 1) A lawsuit for confirmation may be brought only when the judgment becomes effective and appropriate to eliminate the Plaintiff’s legal status’s risks or unstableness in the case of disputes or conflicts of interest regarding the existence of present rights or legal relations. Thus, a mere assertion of factual relations cannot be a subject of confirmation. Although there are facts that constitute the legal requirements for creating current legal relations among the allegations on factual relations, it is nothing more than one legal fact (see, e.g., Supreme Court Decision 2008Da35098, Oct. 23, 2008). 2) A lawsuit for confirmation is not a subject of confirmation only between the parties, but it is not a subject of confirmation as to the legal relationship or the relationship between a party and a third party.

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