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(영문) 대구지방법원포항지원 2016.11.24 2016가단6932
채권부존재 및 근저당권말소
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. The Plaintiff seeking the cancellation of the registration of establishment of a mortgage near the text of the order and sought confirmation of the non-existence of the secured obligation.

However, the lawsuit of confirmation is permitted when the plaintiff's right or legal status is infeasible danger and receiving a judgment of confirmation is the most effective and appropriate means to resolve the dispute. If the person who created the right to collateral security seeks confirmation that there is no obligation of collateral security based on the right to collateral security, and seeks cancellation of the registration of creation of the right to collateral security, seeking cancellation of the right to collateral security on the ground that there is no obligation of collateral security on the ground that there is no obligation of collateral security, is a direct means to resolve the dispute effectively. Thus, there is no benefit to confirm that there is no obligation of collateral security based

(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. Article 208 (3) 1 of the Civil Procedure Act on the part of a claim for the execution of the procedure for cancellation of registration of the establishment of a neighboring mortgage.

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