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(영문) 인천지방법원 2018.11.07 2017나66131
근저당권이전등기말소등기
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1. The lawsuit of this case is dismissed in exchange for another court.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. We examine ex officio the legitimacy of the instant lawsuit, and the subject matter of confirmation in the lawsuit for confirmation is the current right or legal relationship. Thus, barring any special circumstance, barring any special circumstance, it is not recognized that there exists a previous right or legal relationship. If a lawsuit seeking confirmation of non-existence of a collateral obligation is cancelled, then there is no benefit of confirmation as it concerns the past right or legal relationship (see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013). In particular, it is clear that the existence of an obligation already extinguished by a person who has pledged his/her property to secure another’s property to secure another’s obligation with repayment, etc. is a past legal relationship, and it cannot be deemed that seeking confirmation of non-existence of the said obligation is an appropriate method to resolve the legal unstable situation between the obligee and the debtor, and thus,

B. (See, e.g., Supreme Court Decision 93Da18846, Jul. 27, 1993).

In light of the aforementioned legal principles, comprehensively taking account of the overall purport of the arguments in the statement Nos. 11 through 14 (including paper numbers) of the instant case, the following facts are acknowledged: (a) as a whole, the Plaintiff acquired the ownership of each of the instant land from N who pledged another’s property to secure another’s property to secure another’s property to secure another’s property as security extinguished through repayment deposit, etc.; and (b) accordingly, the registration of creation of a neighboring mortgage of the instant case was cancelled on March 7, 2018.

Thus, the plaintiff's lawsuit of this case seeking confirmation of non-existence of the debt related to the establishment registration of each of the previous units of this case exceeding 20,000,000 won is clearly a previous legal relationship, as long as the establishment registration of each of the units of this case was cancelled by O extinguished the debt related to the establishment registration of each of the units of the previous units of this case.

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