1. The instant lawsuit shall be dismissed.

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

Plaintiff’s assertion

The purport of the contract is that the plaintiff entered into the apartment sale contract with the defendant, and the defendant interferes with the plaintiff's business and does not fulfill the obligation to pay the intermediate payment under the sale contract, so the contract is cancelled.

A lawsuit for the formation of an existing legal relationship aimed at the modification and formation of an ex officio judgment on the legitimacy of a lawsuit may be brought only where the law expressly prescribes otherwise.

(See Supreme Court Decision 200Da45020 Decided January 16, 2001, and Supreme Court Decision 92Da35462 Decided September 14, 1993, etc.). The instant lawsuit constitutes a formative action seeking the cancellation of a sales contract, and there is no legal ground for filing such a formative action even upon ex officio examination.

Therefore, the instant lawsuit is unlawful.

Judgment

Therefore, we decide to dismiss the lawsuit of this case and decide as per Disposition.