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(영문) 대구지방법원경주지원 2015.09.22 2015가단2617
채무부존재 및 근저당말소등기
Text

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.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(2) On the other hand, a lawsuit seeking confirmation of the existence of a debtor's obligation is permitted when the plaintiff's right or legal status is currently unstable and is the most effective and appropriate means to fundamentally resolve the dispute. In addition, in a case where a person who created a mortgage seeks confirmation of the existence of a debtor's obligation based on the contract to establish a mortgage and seeks cancellation of the contract to establish a mortgage, seeking confirmation of the establishment of a mortgage on the ground that the debtor did not have a debtor's obligation to pay a mortgage would be a means to effectively and appropriately resolve the dispute, and thus, it cannot be said that there is a benefit of confirmation to seek confirmation of the existence of a debtor's obligation based on the contract to establish a mortgage separately.

(See Supreme Court Decision 2000Da5640 delivered on April 11, 200). Therefore, the part of the instant lawsuit claiming the existence of an obligation is unlawful.

3. Judgment on deemed confession on the part of a claim filed for the execution of the procedure for cancellation of registration of the establishment of a neighboring mortgage (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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