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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that: (a) around 1990, the Plaintiff paid KRW 195,00,000,000 in operating value as a commercial building for about 29 years, while he/she occupied and used the status of the lessee at the time when he/she entered into a contract with D when he/she entered into a contract with the owner at the time of 1,096,000 square meters of the attached Table 1’s 1st floor (hereinafter “the instant real estate”); (b) the Defendant purchased the instant real estate at around 1990 without paying any price to the Plaintiff; (c) the Plaintiff’s business value of KRW 100,00,000,000 created while using the instant real estate as a commercial building is not different from the amount of the premium of a neighboring store; and (d) thus, the Plaintiff has a right to retention the instant real estate as a secured claim; and (e) there is no other effective means to remedy the Plaintiff’s rights.
2. A lawsuit for confirmation of determination requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective means to eliminate the Plaintiff’s rights or legal status’s current apprehensions and risks.
In addition, since the existence of the benefit of confirmation in a lawsuit for confirmation is a matter of ex officio investigation, the court should decide ex officio regardless of the parties' assertion.
(See Supreme Court Decision 2017Da17771 Decided October 12, 201, and Supreme Court Decision 2001Da22246 Decided July 24, 2001, etc.). In light of the following, the business value alleged by the Plaintiff, which was created by occupying and using the instant real estate for a considerable period of time as a lessee, appears to mean a premium payable to a person who intends to become a new lessee, in cases where he succeeds to the right as a lessee of the instant real estate, and is prescribed by the Commercial Lease Protection Act.