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(영문) 수원지방법원 평택지원 2018.09.04 2018가단56242
채무부존재확인
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. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. A lawsuit seeking partial dismissal is permitted when the Plaintiff’s right or legal status is currently unstable and dangerous, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute. Therefore, in cases where there is no secured obligation based on a mortgage contract, seeking cancellation of the registration of creation of a mortgage would be a direct means to resolve the dispute effectively and appropriately, and thus, it cannot be said that there is a benefit of confirmation to seek confirmation that there is no secured obligation based on a mortgage contract.

(See Supreme Court Decision 2000Da5640 Decided April 11, 2000).

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