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(영문) 서울동부지방법원 2016.11.24 2016가합102236
단전방해금지
Text

1. All of the counterclaims filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be dismissed.

2. Of the costs of lawsuit, the principal lawsuit.

Reasons

1. We examine, ex officio, the legitimacy of the principal suit.

In this lawsuit, the plaintiff is seeking the approval of the act of obstructing the assignment of a power plant and the action for cutting off the power plant. However, there is no dispute between the parties that the plaintiff had already completed the measures to achieve through the main plant, so there is no legitimate interest or necessity that can be achieved through the main plant. Thus, the main plant is an illegal lawsuit that lacks the benefit of the lawsuit.

2. The Plaintiff asserts to the effect that the counterclaim, which was filed without the provision of law, is unlawful, since the Plaintiff can only file a lawsuit for formation, and thus, it is examined as to whether the counterclaim is lawful.

A lawsuit of formation aimed at forming a legal relationship may be instituted only in the case where the law explicitly provides for the formation of a legal relationship.

(see, e.g., Supreme Court Decision 2000Da45020, Jan. 16, 2001). The Defendant sought against the Plaintiff the revocation of the electric use contract (the change of the user’s name) as indicated in attached Table 2, which is concluded between the Plaintiff and B occupant representatives. This constitutes an action for formation.

That is, there is no legal basis to bring an action.

Therefore, the counterclaim is an illegal form action that is filed without any legal basis.

3. In conclusion, the plaintiff's main lawsuit and the defendant's counterclaim are all unlawful and thus, it is so decided as per Disposition.

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