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(영문) 서울서부지방법원 2017.10.13 2016가단257308
채무부존재확인
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff seeks to confirm that the plaintiff's obligation to the defendants by the notarial deed dated March 5, 2009 does not exist, as shown in the grounds for the plaintiff's claim.
However, the method of seeking non-permission of compulsory execution by notarial deed is sufficient as a lawsuit for objection to a claim, not as a lawsuit for confirmation of non-existence of debt, and thus, the lawsuit of this case is dismissed as illegal because there is no benefit of lawsuit.
(Plaintiff withdrawn the instant lawsuit, but the Defendants did not consent thereto).