beta
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 attach attached Form to the plaintiff.
Reasons
1. The lawsuit seeking confirmation of dismissal portion is permissible when the Plaintiff’s right or legal status is infinite or dangerous and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute fundamentally. In addition, in the event the mortgagee seeks to confirm that there is no obligation to be secured based on the mortgage contract and seeks to cancel the registration of establishment of a mortgage, seeking cancellation of the establishment of a mortgage on the ground that there is no obligation to be secured, the mortgagee of a mortgage would be a direct means to resolve the dispute effectively and unreasonably. Thus, it cannot be said that there is a benefit of confirmation to seek confirmation that there is no obligation to be secured based on the mortgage contract separately.
In light of the above legal principles, the lawsuit by the Plaintiff seeking confirmation of the absence of the secured obligation, separate from the cancellation of the registration of the creation of mortgage of this case, is unlawful as there is no benefit of confirmation.
2. The cited part
A. On June 7, 2005, the Defendant with the indication of the claim was a director of D Co., Ltd., and registered the establishment of mortgage as stated in the Disposition No. 2 of this case. On June 27, 2008, the Defendant sold the construction machinery indicated in the “construction machinery’s indication” to the Plaintiff and sold the construction machinery to the Plaintiff, and the said mortgage was not cancelled
The secured claim of the mortgage as set forth in paragraph (2) of the order is nonexistent due to the extinction of prescription, and thus, the mortgage is confirmed and the cancellation thereof is sought.
(b) Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;