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1. The intermediate confirmation of this case shall be dismissed.
2. The plaintiff (the intermediate confirmation plaintiff)'s main claim is dismissed.
3...
Reasons
1. On March 30, 2015, the Plaintiff is seeking interim confirmation that the sales contract concluded between the Defendant and the Busan Northern-gu 104 Dong 501 (hereinafter “instant apartment”) was duly concluded on March 30, 2015.
Whether a lawsuit for interim confirmation is legitimate or not is a matter of ex officio investigation, and it is deemed that the defendant and the intermediate confirmation defendant C are either against a person who is not a party to the lawsuit, or are unlawful as there is no benefit of confirmation.
A lawsuit for interim confirmation refers to a lawsuit seeking confirmation of a legal relationship when there is a dispute between the parties as to the existence or absence of a legal relationship with respect to the determination of the original claim while the lawsuit is pending. As such, in a case where the Plaintiff’s claim as a lawsuit for interim confirmation cannot be deemed to have a preliminary legal relationship with respect to the original claim, the lawsuit for interim confirmation is unlawful.
(See Supreme Court Decision 83Nu554, 555 delivered on June 26, 1984). The plaintiff filed a lawsuit for interim confirmation of this case by asserting that the sales contract of this case with respect to the apartment of this case was duly established, i.e., a prior legal relationship as to the judgment on the claim for damages against the defendant. However, as seen below, the plaintiff as the principal claim does not claim the execution of the sales contract on the apartment of this case on the ground that the sales contract of this case was actually established, but it does not claim the execution of the sales contract on the ground that the sales contract of this case was erroneously reversed by the defendant. Thus, the judgment on the principal claim does not directly depend on the establishment of the authenticity of the sales contract on the apartment of this case. Thus, the plaintiff's lawsuit for interim confirmation of this case cannot be deemed as having a prior legal relationship as to the principal claim.