(영문) 수원지방법원 2018.05.31 2017나69953

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(영문) 수원지방법원 2018.05.31 2017나69953

근저당권말소

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim as added by this court shall be dismissed.

3...

Reasons

1. The plaintiff's grounds for appeal citing the judgment of the court of first instance are not different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are deemed legitimate even if the plaintiff presented evidence to this court.

Therefore, the reasoning for the statement on this case is as follows: (a) No. 2 of the judgment of the court of first instance, “certificate of personal seal impression issued in the name of the plaintiff,” and (b) No. 19 of the judgment of the court of first instance, “certificate of personal seal impression issued in the name of the plaintiff,” and (c) additional determination as to the conjunctive claim added by the plaintiff in this court as stated in the reasoning of the judgment of first instance

2. Additional determination

A. Even if the Plaintiff alleged that the establishment registration of the instant neighboring mortgage was not null and void, the Plaintiff sought confirmation as to whether the principal amount of the bonds secured by the establishment registration of the instant neighboring mortgage was KRW 20 million.

B. A lawsuit seeking confirmation of the existence of a right to judgment or a legal relation is deemed to have no interest in confirmation as to the part for which there is no dispute between the parties (see, e.g., Supreme Court Decision 90Da13857, Feb. 26, 1991). The fact that the principal of the claim secured by the establishment registration of a mortgage in the nearest area of the instant case is KRW 20 million does not dispute at all, and the Plaintiff’s claim for confirmation is unlawful as there is no interest in

3. In conclusion, the plaintiff's primary claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit, and since the plaintiff's conjunctive claim added by this court is illegal, it is so decided as per Disposition.

참조조문

-민사소송법 제420조

참조판례

-대법원 1991. 2. 26. 선고 90다13857 판결

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