채무부존재확인
1. The part of the instant lawsuit, which seeks confirmation of invalidity as an execution document of an authentic deed, shall be dismissed.
2. The plaintiff.
1. The part demanding the confirmation of existence of an obligation;
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;
2. On January 20, 2015, the Plaintiff asserts that “The above notarial deed is null and void, as the Plaintiff’s agent, in excess of the Plaintiff’s power of attorney’s forgery or authority, and the notary public entrusted a law firm to prepare a notarial deed and made it out by a notarial deed under No. 108 of 2015 on the same day (hereinafter “instant notarial deed”), and therefore, the above notarial deed is also null and void, and therefore the above notarial deed is null and void as it has no executory power, and thus is naturally null and void as a notarial deed,” and sought confirmation of its invalidity.
In litigation for confirmation, there is a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only as the most effective and appropriate means for the defendant to receive a judgment of confirmation against him/her, and the ultimate objective to achieve the claim for confirmation of invalidity of the authentication of this case is to exclude the defendant from enforcing compulsory execution against the plaintiff's property with the title of execution of the authentication of this case.
Therefore, according to Article 57, Article 56 subparagraph 4, and Article 44 of the current Civil Execution Act, the plaintiff can extinguish the executive force of the notarial deed of this case by filing a suit of objection against the formation of the plaintiff. Thus, simply confirming that the notarial deed of this case is null and void is the most effective and appropriate means for the settlement of disputes.
Therefore, the plaintiff's lawsuit on this part is unlawful because there is no benefit of confirmation.
3. Thus, the plaintiff's claim seeking confirmation of the non-existence of the obligation stated in the notarial deed of this case is reasonable, and this case is justified.