권리행사최고 및 담보취소절차 이행
1. The plaintiff B's lawsuit against the defendant shall be dismissed.
2. On June 4, 2015, the Plaintiffs and the Defendant between Plaintiff A and the Defendant.
1. Basic facts
A. On April 16, 2015, the Plaintiffs jointly filed an application with the Defendant for provisional injunction against the disposal of real estate (hereinafter “instant provisional injunction”) with the Suwon District Court Branch 2015Kadan50178 (hereinafter “the instant provisional injunction”). According to the order to provide collateral, the Plaintiffs deposited KRW 48 million with the same court in 2015 as 1982 (hereinafter “the instant deposit”), and the Plaintiff paid the said deposit in full.
B. The Seoul Central District Court Decision 2015Y562143 (2015Gahap526177) (2015Gahap52617), the principal case of the instant provisional disposition, was finalized on July 14, 2016, and the instant provisional disposition was revoked on April 18, 2017 upon D’s application.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 10, the purport of the whole pleadings
2. The lawsuit for confirmation of the legitimacy of the Plaintiff B’s lawsuit is recognized in cases where it is the most effective and appropriate means to determine the Plaintiff’s legal status as a confirmation judgment to eliminate such apprehension and danger when the Plaintiff’s legal status is unstable and dangerous.
Therefore, even though it is possible to file a lawsuit claiming implementation, the filing of a lawsuit for confirmation is not a final solution of the dispute, and there is no benefit of confirmation.
(Supreme Court Decision 2005Da60239 Decided March 9, 2006). ex officio, as seen earlier, the Plaintiff A fully borne the deposit money of the instant provisional disposition, and only the name of the Plaintiffs and the Defendant was deposited jointly with the Defendant. Unless the Plaintiff B did not assert any right to the said deposit, the Plaintiff A’s legal status as the person entitled to claim the recovery of the actual deposit can be confirmed together with the Defendant. Accordingly, the Plaintiff’s legal status cannot be said to have any imminent apprehension or danger, and thus, the Plaintiff’s lawsuit against the Defendant is unlawful as there is no benefit of confirmation.
3. Determination as to the cause of the Plaintiff A’s claim
A. It is a number of depositors on the deposit slip.