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1. The Plaintiff’s lawsuit against Defendant B, C, D, E, F, G, and L is dismissed.
2.(a)
Defendant.
Reasons
1. Basic facts
A. As creditors of N Co., Ltd. (hereinafter “A”) and O Co., Ltd. (hereinafter “O”) on June 4, 2009, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was set up as a collateral security amount of KRW 11,20,000,000 with respect to each of the instant real estate as creditors of N Co., Ltd. (hereinafter “N”) and D Co., Ltd. (hereinafter “O”).
B. A applied for a voluntary auction on each of the instant real estate to Ulsan District Court P (hereinafter “instant auction”) and received a decision to commence the voluntary auction on June 29, 2010, and the entry registration of the decision to commence the voluntary auction was completed on the same day.
C. In the instant auction procedure, the Defendants filed a lien report stating that they have claims against N andO. D.
A On August 17, 2010, after having received a bankruptcy decision from the Jeonju District Court 2010Hahap1, the plaintiff was appointed as a bankruptcy trustee.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 6, 7, and 8, the purport of the whole pleadings
2. Determination as to the defense of this case (as to Defendant B, C, D, E, F, G, and stock companies, the Defendants asserted that the lawsuit of this case is unlawful as there is no benefit of confirmation.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, the judgment of confirmation is the most effective and appropriate means to remove the plaintiff's right or legal status in danger and in danger.
In addition, the defendant in a lawsuit for confirmation has concerns over causing unstable legal status of the plaintiff by dispute over the plaintiff's rights or legal relations. In other words, the defendant in a lawsuit for confirmation must be the one who asserts conflicting interests with the legal interests of the plaintiff and the benefit of confirmation against such defendant.