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(영문) 광주지방법원 2017.01.12 2016가단514584

근저당권말소

Text

1. Defendant D, E, F, G, H, I, J, and C are separately attached to the Plaintiff, among the real estate listed in the attached Table [Real Estate Indication] list.

Reasons

1. Determination as to the cause of claim

A. The reasons for the plaintiff's claim are as shown in the annexed sheet of claim

(However, registration number in C appears to be a clerical error in the name of "6878". (B)

Judgment

The supplementary registration by transfer of a right to collateral security is only to specify the succession of the right by means of the existing establishment registration of collateral security in the register, and as such, as the registration does not result in any new right by the registration, the claim for registration of cancellation of the establishment registration of collateral security shall be sufficient for the transferee only, and the transferor shall not be the defendant in the claim for

The supplementary registration of the right to collateral security prior to the establishment of a new collateral security (hereinafter “instant right to collateral security registration”) is a subsidiary registration of the existing principal registration, which constitutes a principal registration, and thus, is extinguished, or when the obligation to collateral security is extinguished or when the establishment of a new mortgage becomes null and void, only the cancellation of the establishment of a new principal registration is sought, and the supplementary registration is cancelled ex officio upon cancellation of the principal registration (Supreme Court Decision 95Da7550 delivered on May 26, 1995). However, in full view of the description of evidence No. 1 and the purport of the entire pleadings in the instant case, comprehensively taking account of the entire purport of the statement of evidence No. 1 and arguments in the Gwangju District Court Decision 47664 delivered on September 19, 190 (hereinafter “instant right to collateral security”). In addition, some shares were transferred to the Defendants as stated in the separate sheet [statement], and the shares inherited to the Defendants by inheritance.] The final shares in the instant case are to be cancelled by the Defendants.

(B) The Plaintiff’s claim does not contain the purport of seeking cancellation of the additional registration, but it appears that the Plaintiff’s claim contains the purport of seeking cancellation of the registration of the establishment of the neighboring mortgage of this case against the Defendants, the assignee, as seen above).