1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On October 25, 2016, the Plaintiff’s gist of the Plaintiff’s assertion: (a) acquired ownership on the instant apartment due to the sale by auction on real estate; (b) Nonparty F requested the Defendant to pay KRW 3,433,610 in arrears for the period from November 25, 2015 to December 14, 2016; and (c) the Plaintiff was required to pay only the management expenses for common areas; and (d) the Plaintiff paid the Defendant the full amount of KRW 3,43,610 in arrears management expenses; and (c) as a result, there was no obligation for the portion of exclusive use and late payment charges 1,716,140, other than the common areas among them, the Plaintiff sought confirmation against the Defendant.

2. With respect to the interest of the lawsuit of this case ex officio, the action for confirmation is permitted to eliminate risks or apprehensions with respect to the present rights or legal status. Even in the past legal relations, it is recognized that it is an effective and appropriate means to obtain a judgment on confirmation of the legal relations in order to eliminate risks or apprehensions with respect to the present rights or legal status and to affect the present rights or legal status.

However, the instant lawsuit is seeking confirmation that there is no obligation against the Plaintiff regarding the part of exclusive ownership and late payment 1,716,140 won out of the delinquent management expenses of F for the period from November 2015 to December 2016, 2016, which is a certain period of 14 months. As such, it is seeking confirmation as to the rights and obligations or legal relations in the past, there is lack of benefit of confirmation or benefit of protection of rights.

In addition, since the current right is a means such as a claim for return of unjust enrichment, it refers to the relationship between the claim for confirmation of past legal relations and the claim for performance as the current legal relationship, and in this case, even if the plaintiff's assertion is satisfied.