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(영문) 서울서부지방법원 2018.06.22 2018나32702
무효확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows, except for the addition of the defendant's main defense to "the judgment on the main defense of this case 2.2" and "the addition of 3.3. added part" as to the main defense of this case, and thus, it is identical to the part on the grounds of the judgment of the court of first instance. Thus,

2. Judgment on the main defense of this case

A. Since a judgment has already become final and conclusive as to the Defendant’s assertion that the exercise of the Defendant’s right to demand sale against the Plaintiffs was legitimate, the Plaintiffs can only confirm the invalidity through a retrial procedure.

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

B. In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only as the most effective means to eliminate the danger that there is apprehension in rights or legal status and that it is necessary to immediately remove it.

As long as the defendant filed a lawsuit against the plaintiffs in accordance with the right to claim sale of this case against the plaintiffs and the judgment ordering the plaintiffs to implement each procedure for the transfer of ownership to the real estate of this case has an impact on the plaintiffs' present rights or legal status, the existence of the right to claim sale has an impact on the plaintiffs' present rights or legal status. Thus, the plaintiffs, upon receiving the judgment on the invalidity of the right to claim sale of this case, can be seen as having a benefit of confirmation

Although the defendant asserts that a dispute can be resolved through the retrial procedure against a final and conclusive judgment, it may be possible only when there are grounds for retrial stipulated in Article 451 of the Civil Procedure Act, so that the retrial procedure can resolve the dispute in this case.

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