1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Basic Facts

On January 20, 2015, pursuant to Article 65(3) of the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “The Traditional Markets Act”), the Defendant was registered with the merchants’ association by the head of the Gu, and was designated as the market manager pursuant to Article 67(1) of the Traditional Markets Act and Article 14(2) of the Enforcement Rule of the same Act on January 29, 2015, and managed the Busan Sho-gu B shopping mall (hereinafter “instant shopping mall”).

【Judgment as to the legitimacy of an action, as a whole, in the absence of any dispute, entry in the evidence Nos. 1 and 5, and the purport of the entire pleading

A. The Plaintiff seeks confirmation to the Defendant that there is no management right based on the status of a manager under Article 25 of the Act on Ownership and Management of Condominium Buildings with respect to the instant commercial buildings, and that there is no management right based on the status of a superstore operator under Article 12 of the Distribution Industry Development Act.

B. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when the defendant is the most effective means to receive a judgment against the defendant in order to eliminate such apprehension or risk, and thus, the defendant of the lawsuit for confirmation must be a person likely to cause apprehension or risk in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations, and the benefit of confirmation shall be against such defendant.

Therefore, there is no dispute between the parties on the legal relationship and there is no legal uncertainty in principle, so there is no benefit of confirmation.

(See Supreme Court Decision 2008Da74130 Decided January 15, 2009, etc.). C.

ex officio, the defendant is designated as a market manager of the commercial building of this case in accordance with Article 67(1) of the Traditional Markets Act and Article 14(2) of the Enforcement Rule of the same Act, and exercises the right to manage the commercial building of this case.