1. The lawsuit of this case shall be dismissed.

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

The Defendant entered into an agreement on the vehicle operation lease with the Plaintiff on November 13, 2013, and the Defendant’s later termination of the said lease agreement on January 2016 due to the delayed payment of the lease fee. Accordingly, there is no dispute between the parties that the Defendant returned the instant vehicle to the Plaintiff.

The Plaintiff asserts that the instant vehicle is intended to be disposed of by public sale, etc. to be appropriated for the repayment of the remaining lease liability, and that the Defendant is highly likely to cause legal disputes, such as filing a civil petition with the Financial Supervisory Service regarding the procedure for disposal of the said public sale, etc., thereby seeking confirmation against the Plaintiff that the Defendant has the right to possess and dispose of the instant vehicle.

ex officio, we examine the legitimacy of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation must be immediately removed because there is an unstable risk in rights or legal status, and it is recognized only when the judgment of confirmation is the most effective and appropriate means to eliminate such apprehension risk. Thus, in a case where there is no unstable risk in rights or legal status, or where there is no practical necessity to receive a judgment of confirmation due to the removal of apprehension due to the absence of dance due to the existence of other special circumstances, it cannot be said that there is a benefit of confirmation, and thus,

(1) In light of the above legal principles, the Plaintiff’s right and legal status alone cannot be deemed as a case where there is a need to immediately remove the risks of the Plaintiff’s right and legal status, and thus, the instant lawsuit is unlawful on the grounds that there is no benefit of confirmation.

If so, the instant lawsuit is unlawful, and thus, it is so decided as per Disposition.