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1. The lawsuit concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.
2. The defendant shall list the attached list to the plaintiff.
Reasons
1. On July 2, 2010, the Plaintiff, along with the cancellation of the right to collateral security stated in the Disposition No. 2, sought confirmation of the Plaintiff’s non-existence of the obligation to pay interest on the claim for confirmation of non-existence of the obligation, as well as the cancellation of the right to collateral security stated in the Disposition No. 2. 2.
A lawsuit for confirmation is permissible when the Plaintiff’s right or legal status is infeasible and dangerous, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute. In addition, in a case where the person who created the right to collateral security seeks to confirm that there was no obligation of collateral based on the right to collateral security, and seeks to cancel 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, is a direct means to resolve the dispute effectively and appropriately. Therefore, it cannot be said that there is a benefit of confirmation to seek confirmation that there is no obligation of collateral
(1) The part concerning the claim for the confirmation of existence of an obligation in the instant lawsuit is unlawful as there is no benefit of confirmation, as it does not exist any benefit of confirmation.
2. Determination on claims for the cancellation of the registration of the establishment of a neighboring mortgage
(a)for the reasons for the attachment to the indication of the claim;
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;
3. In conclusion, the part of the claim for the confirmation of existence of a debt out of the lawsuit of this case is unlawful, and thus, the claim for the cancellation of registration of establishment of a neighboring mortgage shall be accepted on the grounds of its reasoning.