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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff is a person who resides in Ysan-gu C and 1 Dong 313 of the Jeonbuk-si, Jeonbuk-si, and the defendant is a person who resides in 113 of the plaintiff's house with two floors below the plaintiff's house.
On December 20, 2014, the Defendant discovered that water from the boiler rooms, the boiler rooms, and the living rooms ceiling above 113 around December 20, 2014, the Defendant informed D residing in the above-story 213 of the same Act, and found D of the water leakage from the above-story, and subsequently, again known the Plaintiff residing in the above 313.
In relation to the above water leakage, the plaintiff compensated D for 546,00 won as the plaintiff's daily life compensation liability insurance, and argued that the defendant also had the plan to pay damages to the defendant, but the defendant filed the lawsuit of this case by demanding unreasonable compensation.
2. In a lawsuit seeking confirmation of ex officio as to the legitimacy of the instant lawsuit, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to the said lawsuit, and thereby, the obtaining of a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension and danger (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). In light of the foregoing legal doctrine, health class, in light of the foregoing, the Defendant was absent on the date of pleading and date of conciliation of the instant case, and the Plaintiff’s request was not submitted
The Plaintiff did not submit other materials that the Defendant claimed damages against the Plaintiff, and it is difficult to see that there exists a dispute as to the legal relationship with the Defendant seeking damages from the instant lawsuit, and it is difficult to see that there is apprehension and compromise in the Plaintiff’s rights and legal
There is no benefit in confirmation of the instant lawsuit.
3. If so, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.