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(영문) 서울고등법원 2016.05.26 2016나44
채권자지위부존재확인
Text

The plaintiff's appeal is dismissed in entirety.

Of the appeal costs, the supplementary intervenor shall be the plaintiff's supplementary intervenor.

Reasons

1. The reasoning of the judgment of the court of first instance regarding the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the following parts: 3 and 4 of the judgment of the court of first instance as to the lawfulness of the lawsuit.

“2. Determination as to the legitimacy of a lawsuit 1. Determination as to the lawfulness of a lawsuit - If the other party denying his/her rights or legal status asserts the rights or legal relations with a third party that cannot be compatible with his/her own assertion, and seek confirmation on the existence of the other party’s rights or legal relations with the third party’s assertion, even if a judgment is rendered in a lawsuit seeking confirmation, the judgment does not confirm his/her own rights with the other party’s relation to the other party, but does not affect the third party, and thus, the lawsuit seeking confirmation of the absence of such rights or legal status cannot be an effective and appropriate means to resolve imminent danger in his/her own rights

(2) In order to eliminate risks or apprehensions in relation to the present rights or legal status, the legal action for confirmation is permitted to eliminate the risks or apprehensions in relation to the present rights or legal status (see Supreme Court Decision 2003Da49092, Mar. 12, 2004). However, even in the past legal relations, if the current legal status affects the current rights or legal status, and it is recognized as a valid and appropriate means to eliminate risks or apprehensions in relation to the present rights or legal status,

(See Supreme Court Decision 2010Da36407 Decided October 14, 2010). In light of such legal principles, even if the Plaintiff received a favorable judgment on the claim of this case as stated in the purport of the claim, this does not mean that the Plaintiff’s right against the Defendants is not determined in relation to the claim of this case, and the effect of the favorable judgment is set to three-dimensional U.S..

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