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(영문) 인천지방법원 2020.07.03 2019가합66674
교인지위 부존재확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The summary of the plaintiff's assertion is the church in Bupyeong-gu Incheon, Incheon, and the plaintiff is the head of the defendant church.

Attached Form

Each person entered in the list (hereinafter referred to as " thirteen persons, including D,") shall be expelled on April 26, 2019 according to the resolution of the joint council of the defendant church, and even if he/she is no longer in the position of the members of the defendant church, he/she interferes with the operation of the defendant church by means of the pocket book demonstration, the separation of the defendant church, etc. Therefore, the plaintiff has a benefit to seek confirmation of the existence of the affiliation or abandonment of the above persons in order to suspend the acts, such as interference with the worship of 13 persons, including D

2. We examine ex officio the legality of the instant lawsuit.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to remove the Plaintiff’s right or legal status unstable danger (see, e.g., Supreme Court Decision 2016Da275679, Mar. 15, 2018). Inception, the Plaintiff seeks confirmation of the absence of the status of the Defendant against 13 persons, such as D, with the Defendant as the other party, and the judgment citing such claim is rendered.

Even if the judgment's res judicata does not extend to 13 persons, such as D, the third party, and thus, the lawsuit in this case cannot be a fundamental effective and appropriate means to resolve the dispute between the plaintiff or the defendant and the third party.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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