(영문) 서울중앙지방법원 2018.01.26 2017나35297

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.01.26 2017나35297

근저당권말소

Text

1. The plaintiff's appeal as to the main claim in the judgment of the court of first instance is dismissed.

2. Preliminary. of the first instance judgment

Reasons

1. The basic facts;

2. The reasons why the parties' arguments in this part 1.3 and 2. are stated are as follows: the part of "1. Basic Facts" among the reasons for the judgment of the court of first instance (from No. 2, No. 14 to the last day of the judgment of the court of first instance) and the part "2. Parties' arguments" (from No. 4, No. 1 to the last day of the judgment of the court of first instance). Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The reasons why the judgment of the court in charge of the primary claim is stated are "3....," among the reasons for the judgment of the court of the first instance, except in cases where the part of the judgment of the court of the first instance is written or added as follows:

A. The judgment on the primary claim is identical to the entry of the part of the judgment of the court of first instance (section 5, 2, 16). As such, it shall be cited pursuant to the main text of Article 420 of the Civil Procedure Act. The 6th of the judgment of the court of first instance shall be as follows: “The fact that the 6th of the judgment of the court of first instance was cancelled,” and the following shall be added.” The defendant submitted the claim statement with “1,00,000,000 won” in the compulsory auction procedure for which the claim was filed with respect to the remaining portion of the real estate in this case, “the claim statement was submitted”, and the 6th of the judgment of the court of first instance, 12 of the 6th of the judgment of the court of first instance.

4. A lawsuit seeking ex officio determination on the legitimacy of the conjunctive claim part of the lawsuit in this case is not necessarily limited to the legal relationship between the parties to the lawsuit and the third party or between the third party. However, such legal relationship can also be subject to the legal relationship. However, it is necessary to immediately confirm the legal relationship by the confirmation judgment aimed at verifying the legal relationship in order to eliminate the potential risks arising out of existing risk proposals in the rights or legal status of the complainants according to the legal relationship. In addition, the benefit of confirmation is the most effective and appropriate means.

Supreme Court Decision 201No. 12, 201

참조조문

-민사소송법 제420조

유사 판례

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