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(영문) 서울중앙지방법원 2020.02.11 2019가단25323
판결무효확인 청구의 소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The plaintiffs asserted the cause of the claim as stated in the attached Form, and seek the confirmation of invalidity of the judgment stated in the purport of the claim and the confirmation of invalidity of the auction procedure stated in the above judgment based on the provisional execution declaration.

In order to file a lawsuit for confirmation, there must be interest in confirmation. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment of confirmation against the defendant, even if there is a defect in the Civil Procedure Act, if it is prior to the final and conclusive judgment, and if it constitutes a cause for retrial after the final and conclusive judgment becomes final and conclusive, it shall be allowed to seek its revocation by means of a lawsuit for retrial. Since a final and conclusive judgment has res judicata effect, even if the content is in violation of the mandatory law, it is beyond the discussion to receive relief by the retrial procedure, and it cannot be said that the final and conclusive judgment is null and void naturally.

Even upon examining all of the Plaintiff’s arguments, the grounds alleged by the Plaintiff cannot be deemed as the grounds for invalidation of the judgment.

Therefore, even if the Plaintiff’s judgment on the purport of the claim exists, seeking the invalidity of the judgment against the Defendant without dispute by the procedure scheduled by the Civil Procedure Act cannot be deemed the most effective and adequate means to remove the Plaintiff’s rights or legal status in danger and danger.

The plaintiff is also seeking confirmation of invalidity of an auction procedure based on a declaration of provisional execution on the premise that the judgment stated in the purport of the claim is null and void. However, even if there exists grounds for invalidation in the auction procedure, the plaintiff does not seek confirmation of the specific legal relationship even without filing a lawsuit for performance such as a claim for restitution of unjust enrichment

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