beta
Text
The Court shall dismiss the lawsuit of this case that has been changed interchangely in this Court.
All costs of the lawsuit shall be borne by the plaintiff.
Reasons
1. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.
The Plaintiff is the debtor of the instant auction case, and the Plaintiff sought confirmation of the invalidity of the instant auction procedure on the ground that the facilities listed in the separate sheet owned by the Plaintiff were included in the auction procedure, even though they were not subject to auction.
The claim seeking confirmation of invalidity of the discretionary auction procedure already terminated is nothing more than seeking confirmation of past rights or legal relations, and as long as the confirmation judgment cannot affect the successful bidder, it cannot be seen as a valid and appropriate means to resolve the plaintiff's rights or legal status unstable, so it cannot be said that there is a benefit of confirmation.
(See Supreme Court Decision 92Da43821 Decided June 29, 1993). In full view of the facts without dispute, Gap's 1, 10, 13, 15 through 20, 22, 23, 25, 26, 30 through 36, 44, 45, 49, 50, 52, 54, Eul's 1 through 8, and 11 through 25, and the overall purport of pleadings, the auction procedure of this case is recognized to have been fully terminated upon the completion of the distribution procedure on November 13, 2019 (the details of the progress of the auction procedure of this case are as stated in Article 2-2 (a) of the judgment of the court of first instance). The lawsuit of this case seeking confirmation of the invalidity of the auction procedure of this case is unlawful as there is no interest in confirmation.
In conclusion, this Court dismissed the instant lawsuit as modified by this Court.
(A) A lawsuit seeking the cancellation of the auction procedure of this case filed by the plaintiff in the first instance court was withdrawn by the exchange change of the claim and thus the judgment of the first instance became null and void).