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(영문) 대전지방법원 2016.02.17 2015가합2908
종원지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

(a) The clan of F clan with H, who is nine years of age or older of F, as a joint ancestor, and is comprised of descendants, and the clan of F clan with I, who is fourteen years of age or older, as a joint ancestor of H, consisting of descendants;

The plaintiffs are the members of the above E clan.

B. The defendant's father, the father of the defendant, is mistakenly written in K's family clan in 1955, even though he is not a child of K who is not a guardian of the above I but a adopted child.

C. The plaintiffs seek to confirm that the defendant, the descendants of the above J, is not a member of the clan E.

2. Judgment on the main defense of this case

A. The interests of the plaintiffs alleged by the defendant about whether the defendant is a member of the clan, is merely a general and factual matter, and cannot be viewed as a specific legal interest.

The instant lawsuit is unlawful as there is no benefit in confirmation.

B. Legal principles 1) A lawsuit for confirmation may be brought only when the judgment becomes effective and adequate to eliminate the risk or instability of a party’s legal status when there is a conflict of interest as to the present right or the existence of a legal relationship. The mere assertion of facts cannot be subject to a lawsuit for confirmation (see, e.g., Supreme Court Decision 91Da25413, Oct. 8, 1991). Furthermore, a lawsuit for confirmation is not necessarily limited to a legal relationship between the original and the defendant, but can be subject to a legal relationship between the third party or between the original and the third party. However, the confirmation of such legal relationship needs to be immediately finalized by a confirmation judgment based on the above legal relationship as the subject of confirmation in order to remove the risk or apprehension that exists in the Plaintiff’s right or legal status, and there is a benefit of confirmation that it should be the most effective and appropriate means.

Supreme Court Decision 94Da23388 delivered on November 8, 1994

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