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(영문) 서울중앙지방법원 2019.03.13 2018가단55471
소유권이전등기 등 청구의 소
Text

1. The part concerning the claim for confirmation of the right to collateral security among the instant lawsuit is dismissed.

2. The defendant

A. The plaintiff A shall be permitted to the plaintiff A.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

3. In a lawsuit seeking confirmation of dismissal portion, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment for confirmation is rendered is the most effective and appropriate means to remove the Plaintiff’s right or legal status’s imminent apprehension danger (see, e.g., Supreme Court Decision 2006Da68650, Feb. 9, 2007). The Plaintiffs seek confirmation of the validity of each right to collateral security stated in the purport of the claim. There is no evidence to prove that there was an existing danger or apprehension in the Plaintiffs’ right or legal status as a person holding the right to collateral, such as disputing the validity of each right to collateral security, and as long as the Plaintiffs filed a claim for registration of ownership transfer for reasons of sale against the Defendant, it cannot be deemed the most effective and appropriate means to remove the Plaintiffs’ rights or legal status in danger existing in the Plaintiffs’ rights or legal status

Therefore, the plaintiffs' claim is unlawful because there is no benefit of confirmation.

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