채무부존재확인
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. Aid by intervention from among the total costs of the lawsuit.
1. The Plaintiff asserted that the Plaintiff left the seals, etc. to a certified judicial scrivener office working for the Defendant, but the Defendant arbitrarily used them, prepared a certificate of borrowing the Plaintiff’s name and a written contract establishing a mortgage, and sought confirmation of the non-existence of each of the secured claims in the instant case.
2. We examine ex officio the legality of the instant lawsuit.
Unless there are special circumstances, the subject of confirmation in a lawsuit seeking confirmation is the current rights or legal relations. Thus, barring any special circumstance, verification of the past rights or legal relations is not recognized. If a lawsuit seeking confirmation of non-existence of a secured obligation of the right to collateral security is cancelled, it is about the past rights or legal relations and there is no benefit of confirmation (see Supreme Court Decision 2012Da17585, Aug. 23, 2013). In full view of the entire purport of arguments in the items of evidence No. 2, No. 2, No. 3, and No. 6 of this case’s real estate returned to the instant case, health and health, evidence No. 2, No. 3, and No. 6, there is no benefit of confirmation from the sale of each of the instant real estate at the request of the National Forestry Cooperatives Association of Jeju-gun on July 25, 2012, the registration of voluntary decision to commence the sale of each of the instant real estate at the request of the Plaintiff.
The ground for cancellation of registration of cancellation of a lot number mortgage No. 1 C is due to a voluntary auction of June 3, 2013, No. 4230, May 28, 2013, 2013, which was received on August 26, 2013, No. 6889, Jul. 12, 2013.