1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s assertion and the Defendant agreed to conduct a new apartment construction project (hereinafter “instant project”) on the ground of the real estate listed in the separate sheet (hereinafter “the instant real estate”). The Plaintiff provided the instant real estate on credit from E, the owner of the instant real estate, as the business site of the instant project, and takes charge of construction fund loans, sales in lots, and tax-related affairs. The Defendant provided the name of the instant project, invested in the initial fund amounting to KRW 70 million, and agreed to distribute the profits therefrom to 50% each, and the Plaintiff and the Defendant agreed to allocate the profits therefrom to 50%. As the Defendant denies the partnership, it is seeking confirmation of the existence of the instant business agreement on the instant project.

2. The defendant's defense to the effect that the plaintiff's confirmation claim should be dismissed as there is no interest in confirmation.

In a lawsuit for confirmation of rights, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is in dispute between the parties as to the legal relationship subject thereto, and therefore, it is recognized in cases where receiving a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension or risk when there is apprehension or risk in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). In the instant case, the Defendant dispute that there is no contract for the instant partnership from the stage of the instant business, and the Plaintiff is entitled to seek confirmation since it has verified the existence of the rights and obligations under the instant partnership agreement between the Plaintiff and the Defendant, which can eliminate the most effective and appropriate risk or apprehension in his/her current rights or legal status. Therefore, there is a benefit to seek confirmation.

If the project of this case is completed and a profit has occurred, the plaintiff may file a lawsuit for performance that seeks the settlement prohibition rate.