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(영문) 수원지방법원 2017.08.22 2016가단36054
채무부존재확인
Text

1. Of the instant lawsuit, the real estate stated in the separate sheet No. 1 shall be completed as shown in the separate sheet No. 2.

Reasons

1. A lawsuit seeking confirmation of the part of a claim for confirmation is permissible when the Plaintiff’s right or legal status is currently unstable and dangerous, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute fundamentally. In addition, in a case where the proprietor of a right to collateral security seeks confirmation of the absence of the secured obligation based on the contract to collateral security and seeks cancellation of the registration of the establishment of a right to collateral security, seeking confirmation of the establishment of a right to collateral security on the ground that the secured obligation does not exist, would be a direct means to resolve the dispute effectively and appropriately, and thus, seeking confirmation of the absence of the secured obligation based on the contract to collateral security cannot be deemed as

(2) The Plaintiff’s claim on April 11, 2000 is unlawful, since it cannot be deemed that there exists a benefit of confirmation.

2. Determination on the claim for cancellation of the registration of creation of a neighboring mortgage

A. The plaintiff's assertion that the plaintiff's assertion is correct: The registration of establishment of a neighboring mortgage on the real estate listed in the separate sheet No. 2 as stated in the separate sheet No. 1 (hereinafter "registration of establishment of a neighboring mortgage of this case") is

(or) The contract to establish a mortgage is null and void. Therefore, the secured obligation of the establishment of a mortgage in the instant case is not nonexistent or the contract to establish a mortgage is null and void.

The defendant's assertion: The loan certificate of this case(A) concerns the agreement amount of a criminal case in which the defendant filed a complaint against the plaintiff's husband C, and the defendant withdraws the criminal complaint according to the agreement and only receives five million won out of the agreement amount.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize the loan certificate of this case as being drafted by fraud or duress, or null and void, and there is no other evidence to acknowledge it otherwise.

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