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(영문) 대구고등법원 2017.09.22 2017누4186
국가유공자요건비해당결정취소
Text

1. The plaintiff (the intermediate confirmation plaintiff) shall reject the lawsuit of intermediate confirmation added by this court.

2...

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the part of the judgment of the court of first instance, except for adding the following judgments to the lawsuit for interim confirmation added by the plaintiff in this court, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The intermediate confirmation lawsuit for an interim confirmation added by this court refers to a lawsuit seeking confirmation of legal relations by combining the litigation procedures when there is any dispute between the parties as to the existence or absence of legal relations with respect to the original claim, while the lawsuit is pending.

However, the lawsuit for interim confirmation added by the Plaintiff in this court is unlawful since it is merely seeking confirmation of facts alleged by the Plaintiff as the cause of the claim in this case or requesting confirmation of the reasoning of the judgment of the first instance court that the judgment is unreasonable. It does not seek confirmation of legal relations in the preliminary relation as to the judgment of the claim in this case.

3. In conclusion, all of the lawsuits for interim confirmation of this case, including the lawsuits for interim confirmation added by the plaintiff in this court, shall be dismissed, and the plaintiff's claims for principal confirmation shall be dismissed without merit. Since the judgment of the court of first instance as to the lawsuits for interim confirmation other than the claims for principal lawsuit of this case and the lawsuits for interim confirmation added by the plaintiff in this court is justified as the conclusion is identical, the plaintiff's appeal is dismissed, and the plaintiff's lawsuits for interim confirmation added by this court shall be dismissed, and it is so decided as per Disposition.

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