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(영문) 수원지방법원성남지원 2020.09.11 2019가합1189
종원지위부존재확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Judgment on the lawfulness of the instant lawsuit

A. The gist of the defendant's main defense does not conflict with the plaintiff's legal relationship between the defendant and the defendant, and the defendant's status of the defendant's head office is not unstable or dangerous. Thus, the lawsuit of this case does not have a benefit of confirmation.

B. A lawsuit for confirmation of judgment is recognized only where the defendant is the most effective and appropriate means to obtain a confirmation judgment against the defendant when there is apprehension or risk existing in the current right or legal status and removing such apprehension or risk (see, e.g., Supreme Court en banc Decision 96Da11747, Oct. 16, 1997). In a lawsuit seeking confirmation of invalidity or non-existence of a representative status of a certain organization where a suit is filed against the representative, even if the judgment accepting the claim is issued, it cannot be fundamentally resolved a dispute between the parties surrounding the representative status because the judgment does not affect the relevant organization, and thus, it cannot be acknowledged that a lawsuit against the representative, who is not an organization to which the representative belongs, is not an organization to which the representative belongs, and thus

(see, e.g., Supreme Court Decisions 91Da5433, Aug. 13, 1991; 2010Da30676, 30683, Oct. 28, 2010; hereinafter “2010Da30676, 30683, etc.”). Even if the Plaintiff received a judgment against the Defendant seeking confirmation of the non-existence of the clan status of the instant clan, the said judgment cannot be effective and appropriate as it does not fall under the clan of this case, and thus, it cannot be a valid and appropriate method to resolve disputes between the parties. Thus, the instant lawsuit is unlawful as there is

2. It is so decided as per Disposition by the assent of all participating Justices who reviewed the instant lawsuit.

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