채무부존재확인
1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.
2. The defendant shall enter the attached list in the plaintiff.
1. As to the part of the instant lawsuit regarding the claim for the confirmation of the existence of a debt among the instant lawsuit, it is permitted when the Plaintiff’s right or legal status is the most effective and appropriate means to fundamentally resolve the dispute. However, in a case where the Plaintiff, a mortgagee of a right to collateral security, seeks to confirm that there is no debt to be secured based on the right to collateral security agreement and seeks to cancel the registration of the establishment of a right to collateral security, the Plaintiff’s seeking for the cancellation of the registration of the establishment of a right to collateral security on the ground that there is no debt to be secured would be a direct means to effectively resolve the dispute, and thus, it cannot be said that there is a benefit of confirmation to seek
(see Supreme Court Decision 2000Da5640, Apr. 11, 2000). Accordingly, this part of the claim is unlawful.
2. As to the remainder of claims
(a)as shown in the reasons for the attachment of the claim;
(b) Articles 208(3)1 and 257 of the Civil Procedure Act, which are grounds for recognition.
3. In conclusion, the part of the claim for the confirmation of existence of an obligation among the instant lawsuit is unlawful, and thus, it is dismissed, and the remainder is justified, and it is so decided as per Disposition.