청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance, citing this case, is as stated in the reasoning of the judgment of the court of first instance, except for the following portions, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
From 2th to 15th, the second to 11th are as follows:
“The subject matter of confirmation in a lawsuit seeking confirmation is the current rights or legal relations. Therefore, barring any special circumstance, it is not recognized that the establishment of past rights or legal relations has not been confirmed, barring any special circumstance. In the lawsuit seeking confirmation of invalidation of the establishment of a mortgage which was already extinguished due to the execution of a right to collateral security or seeking confirmation of non-existence of a secured obligation, when the right to collateral security is cancelled, there is no benefit of confirmation as to past rights or legal relations (see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013). Moreover, the benefit of confirmation in a lawsuit for confirmation is recognized only when there is apprehension and danger existing in the Plaintiff’s rights or legal status and it is the most effective and appropriate means to eliminate fear and danger to obtain a confirmation (see, e.g., Supreme Court Decision 2016Da21643, Mar. 30
2. The instant lawsuit is unlawful and thus dismissed.
The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed.