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(영문) 서울중앙지방법원 2016.06.02 2015가단5332530
권리부존재확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. Determination as to the benefit of confirmation

A. Generally, in a case where there is a dispute over the ownership, seeking confirmation of the absence of ownership by the other party is not a way of confirmation immediately after the dispute over the ownership is resolved fundamentally. However, there is no benefit in confirmation. However, if there is no ownership in the Plaintiff and the defendant's ownership is denied, there is a benefit to seek a passive confirmation of the defendant's ownership in a case where the dispute can be resolved by eliminating the uncertainty about the legal status of the plaintiff.

B. (Supreme Court Decision 83Meu2337 delivered on March 27, 1984).

The plaintiff, the owner of the building of this case, transferred the right to the building of this case to the plaintiff in sequence C, A, A, A, A, A, A, A, IBDDD, and thereafter, transferred the right to the building of this case to the plaintiff through a three-party agreement between the plaintiff and A, but the defendant (hereinafter "the plaintiff") and ABD D DDDD, the acquisition of the right to the building of this case seems to be a clerical error in the contract, and it is somewhat difficult for the plaintiff to seek confirmation of the right to the building of this case because the acquisition of the right to the building of this case was reserved for the execution of the contract, but if the defendant's right is denied, it is somewhat difficult for the plaintiff to seek confirmation of the right to the building of this case.

C. The plaintiff asserts to the effect that he was transferred the right to the destroyed building of this case through an agreement between Albro consulting and the third party of Albro-Yel City, but failed to acquire the right. If he acquired the right, the plaintiff filed a lawsuit for active confirmation, and thus, the plaintiff filed a lawsuit for active confirmation.

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