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(영문) 청주지방법원 2014.10.31 2013가단16176
건축주명의변경 및 소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

A lawsuit for confirmation is recognized in cases where determination by a judgment of confirmation is the most effective and appropriate means when the legal status of the plaintiff is unstable and dangerous. Thus, even though a lawsuit for confirmation may be brought, filing a lawsuit for performance is not a final solution of a dispute, and thus there is no benefit of confirmation.

(See Supreme Court Decision 2005Da60239 delivered on March 9, 2006, and 2001Da82439 delivered on March 26, 2004, etc.). In full view of the purport of the entire pleadings in the statement of Gap evidence No. 6, it can be recognized that the registration of preservation of ownership has been made on July 23, 2003 with respect to the buildings listed in the separate sheet No. 6. 6. Thus, the lawsuit for confirmation of this case is not a final method for resolution of dispute, and thus there is no benefit in confirmation.

Therefore, the instant lawsuit is unlawful and dismissed.

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