logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.04.26 2018나55571
채무부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the court of first instance renders a second through seventh 19 of the court of first instance as follows. Thus, it is acceptable to cite it as it is in accordance with the main sentence of Article 420

2. Parts of an appeal (Paragraph 2 and 7 of the judgment of the court of first instance).

B. (1) Determination (a) In the part of the claim for confirmation of invalidity of the instant contract, the action for confirmation is permitted to eliminate risks or apprehensions with respect to the present rights or legal status. However, in the event that the previous legal relations affect the present rights or legal status, and it is deemed that obtaining a judgment on confirmation of the said legal relations is an effective and appropriate means to eliminate risks or apprehensions with respect to the present rights or legal status, there is benefit

(B) In light of the aforementioned legal principles, the Plaintiff, etc. and the Defendant entered into the instant contract and entered into a written agreement with the Plaintiff, etc., upon examining the instant case (see, e.g., Supreme Court Decisions 2010Da36407, Oct. 14, 2010; 2014Da9632, May 30, 2018). The fact that the said written agreement contains the following facts: “In the event the sales contract with the Plaintiff, etc. becomes null and void due to failure to meet the terms of land transaction permission, etc. or the contract is terminated due to other reasons, the instant real estate shall be sold to a third party under the agreement with the Plaintiff, etc.”

(C) On the other hand, in light of the following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings as evidence Nos. 2 and 3, the facts constituting the above Paragraph (b) alone are insufficient to deem the Plaintiffs to have the interest to seek confirmation of invalidity of the contract of this case as the lawsuit of this case, and there is no other evidence to acknowledge otherwise.

① On May 10, 2005, the Plaintiff, etc. and the Defendant concluded a sales contract for the instant real estate.

arrow