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(영문) 창원지방법원거창지원 2019.09.10 2019가단246

채권양도양수계약무효 확인

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1. The plaintiff's lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. We examine ex officio the determination on the legitimacy of the instant lawsuit, as to the existence of interest in the confirmation of the instant lawsuit.

A. The Plaintiff: (a) newly built the instant building E (the “instant building”) around 2013, Gyeongcheon-gun, Dongcheon-gun, Dongcheon-gun, in 2013; and (b) acquired statutory superficies on the said land; (c) the Defendants, on May 2, 2018, acquired the right to possess and dispose of the instant building from D (Death on May 6, 2018). However, the Defendants interfered with the Plaintiff’s ownership and the exercise of superficies on the instant building on the ground that the said contract between the Defendants and D was null and void; (d) the Plaintiff asserted that the said contract was void on May 2, 2018; and (e) the said building is not the right to dispose of the said building; and (e) the right to possess and dispose of the said building is not subject to the assignment of claims; and (e) the right to acquire and dispose of the said building is not subject to the assignment of claims; and (e) the said notification on the transfer of claims was not prepared under D’s ability to provide D (D).

The Defendants are seeking confirmation of invalidity of the above bonds transfer and takeover contract.

B. In a case where one’s own rights or legal status is denied by others or is in danger of being disturbed or interfered with by other parties’ allegations that conflict with this, it is necessary to seek confirmation of one’s own rights or legal relations against the other party. The other party who denies one’s own rights or legal status claims the rights or legal relations against a third party that cannot be compatible with one’s own director and seek confirmation of the other party’s claim that there is no rights or legal relations against the third party. Even if the other party was rendered a favorable judgment in the lawsuit of confirmation, it becomes final and conclusive in relation to the other party.