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(영문) 광주지방법원 해남지원 2018.04.24 2018가단159
전세금반환채무 부존재확인 등
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 complete the plaintiff, Jeonnam-gun C.

Reasons

1. A lawsuit seeking confirmation as to the legitimacy of the part of a claim for confirmation of existence of a debt 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 fundamentally resolve the dispute. In addition, seeking confirmation that the mortgagee of a collateral security does not have a secured obligation based on the mortgage contract, and seeking cancellation of the registration of establishment of a collateral security on the ground that the debtor of a collateral security right does not have a secured obligation, the right to seek cancellation of the registration of establishment of a collateral security on the ground that the debtor of the collateral security right does not have a secured obligation, and thus, seeking confirmation that there is no secured obligation based on the mortgage

(1) The term “right to lease on a deposit basis” means the right to lease on a deposit basis (see, e.g., Supreme Court Decision 2000Da5640, Apr. 11, 2000). The term “right to lease on a deposit basis” means right to lease on a deposit basis.

As the instant lawsuit, the Plaintiff sought to confirm that there is no obligation to return the deposit money based on the contract to establish a right to lease on a deposit basis, which was concluded with the Defendant on August 1, 2003 with regard to the real estate as stated in the Disposition No. 2 of this case, and sought cancellation

Thus, the part of the claim for the confirmation of the existence of a debt in the lawsuit of this case is unlawful as there is no benefit of confirmation, and its defects cannot be corrected. Thus, it shall be dismissed without pleading pursuant to Article 219 of the Civil Procedure Act

2. Judgment on the request for cancellation of the registration of chonsegwon

(a) Ground for the attachment of the claim to indicate the claim;

(However, "real estate recorded in the attached list" shall be deemed "real estate listed in paragraph (2) of the Act". (b)

Article 208(3)1 of the Civil Procedure Act (Judgment without Oral Proceedings) of the applicable provisions of Acts

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