1. The action of an intermediate confirmation of the plaintiff (the intermediate confirmation plaintiff) added in the trial shall be dismissed;

2...

1. Determination on the legitimacy of a lawsuit for interim confirmation

A. The lawsuit for interim confirmation is a lawsuit seeking confirmation of the legal relationship by combining the litigation procedures when there is a dispute between the parties as to the existence or absence of the legal relationship with respect to the judgment of the original lawsuit during the proceeding.

B. In light of the above legal principles, we examine the legitimacy of the lawsuit of the intermediate confirmation in this case, and the contents of the plaintiff's claim as the lawsuit of the intermediate confirmation in this case cannot be the subject of the confirmation lawsuit as to the facts, or as to the past rights or legal relations. Thus, the lawsuit of the intermediate confirmation in this case is unlawful.

2. The reasoning of the court’s explanation concerning the claim for principal lawsuit is as stated in the reasoning of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. As such, the intermediate confirmation lawsuit of this case is unlawful and dismissed, and the plaintiff's claim of the main lawsuit is also dismissed. The judgment of the court of first instance on the main lawsuit is just in this conclusion, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices on the appeal.