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(영문) 수원지방법원성남지원 2019.06.21 2018가단226496
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, ex officio, seeks confirmation by a notary public against the Defendant that there is no debt based on the bill No. 799 of June 23, 2016, signed by the law firm C on June 23, 2016.

However, the lawsuit of confirmation is permitted when the plaintiff, etc.’s rights or legal status present in danger and received a judgment of confirmation is the most effective and appropriate means to resolve the dispute. As the plaintiff’s seeking the denial of compulsory execution by the above notarial deed becomes a more fundamental and effective means to resolve the dispute more effectively and effectively, the lawsuit of this case seeking the confirmation of non-existence of debt is unlawful as there is no benefit of lawsuit.

2. The conclusion of the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.

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