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(영문) 창원지방법원 2014.05.15 2013가합6032
손해배상(기)
Text

1. Of the lawsuit in this case, the part of the claim for the removal of buildings and the cancellation of the new construction project contract shall be dismissed.

2...

Reasons

1. The determination of the claim for the removal of a building and the cancellation of a new construction project contract is ex officio with respect to the lawfulness of the part requesting confirmation of the removal of a building and the cancellation of a new construction project contract (hereinafter “instant project contract”) in the instant lawsuit.

A lawsuit for confirmation is recognized in cases where it is recognized that it is the most effective and appropriate means to determine by a confirmation judgment to eliminate the risk of uncertainty when the plaintiff's legal status is at risk. Even in the past legal relations, if it is recognized that the current rights or legal status has been affected, and it is an effective and appropriate means to obtain a confirmation judgment on the legal relations in order to eliminate the risk or apprehension of the present rights or legal status, the lawsuit for confirmation of the legal relations

In light of the purport of the argument in Gap evidence No. 4, it is evident that the registration of ownership transfer has been completed in the name of the non-party corporation in the name of the plaintiff in the non-party corporation for the reason of voluntary auction as to the share of 69-1, 4931, 4931, and 148761, out of the 69-1, 4931, Dong-gu, Chang-gu, Sung-gu, Sung-gu, Sung-si, the ownership transfer registration was completed in the name of the defendant, taking into account the overall purport of the argument. Thus, the judgment of confirmation that the plaintiff seeks compensation for damages on the premise that the plaintiff had acquired the right of rescission and had cancelled the business contract of this case on the premise that the contract of this case was cancelled, it is sufficient for the plaintiff to prove that the plaintiff had cancelled the contract of this case through the expression of intent of cancellation, and thus, it is not a final solution

In addition, the plaintiff asserts that the above company of the sonia is promoting the reconstruction project, and there is a benefit in confirmation, but only the reasons alleged by the plaintiff.

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