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(영문) 대전지방법원 2020.04.14 2019가단21597
소유권확인 등
Text

1. Each of the plaintiffs' claims for confirmation of ownership are dismissed.

2. The defendant, the plaintiff corporation A, attached Form 1.

Reasons

1. An ex officio determination on the part concerning the claim for confirmation of ownership among the lawsuit in this case is allowed only when it is the most effective and appropriate means to obtain a confirmation judgment in order to eliminate the current right or legal status and the apprehension and danger. The plaintiffs filed the lawsuit in this case to recover the above article on the premise that the items listed in the separate list are owned by the plaintiffs. It is sufficient for the plaintiffs to file a request for the delivery of the above article against the defendant in order to achieve this purpose, and there is no need to seek the confirmation of ownership of the above article separately.

Therefore, the part of the claim for confirmation of ownership in the lawsuit of this case is unlawful as there is no benefit of confirmation.

2. Determination as to the part on the request for extradition

A. The indication of claims: as shown in the separate sheet of grounds for claims and “a modified cause of claims”

(b) Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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