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(영문) 인천지방법원 2018.10.10 2017가단245391
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 28, 2014, the Defendant completed the registration of the right to claim the full transfer of shares on the same day on the ground of a trade promise made on October 28, 2014 with respect to the share of 134528/416379, out of 12519 square meters in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu

(hereinafter “Provisional Registration of this case”). (b)

On July 14, 2017, the networkF died, and Plaintiff B and C, the wife of the networkF, succeeded to the networkF.

C. The Defendant asserted that, on October 28, 2014, KRW 800,00,000 due date was set and lent to the netF on October 27, 2019, and that the provisional registration of this case was completed in order to secure this, the Defendant applied for auction of real estate rent to the Incheon District Court G on the basis of the provisional registration of this case and the current auction procedure is in progress.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

A lawsuit for confirmation is permissible when the Plaintiff’s right or legal status is infeasible and dangerous, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute. The same applies to cases where a person who created a right to collateral security seeks to confirm that there is no obligation to be secured based on a contract for establishing a right to collateral security and seeks to cancel the registration of creation of a right to collateral security on the ground that there is no obligation to be secured, and to seek cancellation of the registration of creation of a right to collateral security on the ground that the person who created the right to collateral security does not exist, the right to seek confirmation that there is no obligation to be secured based on the contract for establishing a right to collateral security separately cannot be deemed as a benefit of confirmation (Supreme Court Decision 200Da5640, Apr. 11, 200).

The purpose of the instant lawsuit is to prevent the progress of the auction procedure based on the provisional registration of this case and to cancel the provisional registration of this case.

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