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(영문) 대전지방법원 2017.04.20 2016가단21763
임의경매무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. There is no secured claim of the right to collateral already extinguished due to the exercise of the mortgage;

The claim seeking confirmation of invalidity of the original auction procedure is nothing more than seeking confirmation of the past right or legal relationship, and as long as the judgment of confirmation cannot affect the successful bidder, the plaintiff's right or legal status cannot be seen as an effective and appropriate means to resolve uncertainty of the plaintiff's legal status, so there is no benefit of confirmation.

(See the record on June 29, 1993, 201, 202, 301, 302, 401, 402, 402, 501, and 502, which were owned by the plaintiff, the court's decision on commencement of auction (C) was made by the defendant, and each of the above real estate was sold to a third party on February 24, 2014 at the creditor D's compulsory auction procedure (E) at the court's request filed by the creditor D, and the registration of the decision on commencement of auction (C) was cancelled.

According to these facts, it is difficult to recognize the benefit to seek confirmation of invalidity of the completed discretionary auction procedure.

3. Therefore, the instant lawsuit is dismissed as it is unlawful as there is no benefit of confirmation.

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