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(영문) 서울중앙지방법원 2017.02.03 2016가합536409
소유권이전등록
Text

1. All part of the lawsuit in this case concerning confirmation shall be dismissed.

2. Defendant Thai-gu Co., Ltd. shall be the Plaintiff.

Reasons

1. The lawsuit seeking confirmation as to the legitimacy of the part of the lawsuit in this case is permitted to eliminate risks or apprehensions relating to the present rights or legal status. However, even if the lawsuit in this case is a past legal relationship, it has an impact on the present rights or legal status, and it is valid to obtain a judgment on confirmation of the legal relationship in order to eliminate risks or apprehensions relating to the present rights or legal status.

(See Supreme Court Decision 2010Da36407 Decided October 14, 2010, etc.). The Plaintiff seeks to confirm that each of the above consignment management contracts between the Plaintiff and the Defendants with respect to the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicle”) is terminated on the grounds that evidentiary materials are needed for the application for individual transport business permission.

As above, the fact that each contract between the Plaintiff and the Defendants was terminated falls under the past legal relationship, and the Plaintiff’s assertion as the benefit of confirmation constitutes “the fact that the evidence submitted to the competent administrative agency is not sufficient to apply for individual transport business permission” cannot be deemed as a risk or apprehension regarding the legal status to be resolved by the judgment of the civil court.

In addition, the risk or apprehension claimed by the plaintiff should be resolved through the relief procedure against the competent administrative agency, such as a judgment on revocation of permission or revocation lawsuit, and considering that it is a more direct and final resolution method, it is difficult to recognize the confirmation of past legal relations through this judgment as an effective and appropriate means to eliminate the plaintiff's danger or apprehension.

Therefore, the part of the lawsuit in the instant case is unlawful as there is no benefit of confirmation.

2. Determination A as to the remainder of the claim against the Defendant Thai Korea Transportation Corporation

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