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(영문) 광주지방법원해남지원 2019.04.23 2018가단200249

근저당권말소

Text

1. The plaintiff's lawsuit shall be dismissed.

2. The defendant shall provide C with the Gwangju District Court with respect to each real estate listed in the separate sheet.

Reasons

1. The Plaintiff, as a creditor of C, sought cancellation of the registration of establishment of a mortgage on the part of the Defendant stated in the purport of the claim in subrogation of C as the Plaintiff’s obligee.

However, in full view of the purport of the entire pleadings as to the evidence Nos. 1, 6, and 7, the Plaintiff may notify the Plaintiff’s successor of the transfer of all his claims to the Plaintiff on January 26, 2018 and then recognize the fact that he received the notification to C around that time. According to the above facts of recognition, the Plaintiff is no longer a creditor with respect to C, and the Plaintiff is not a party entitled to exercise his right in subrogation of the legal proceedings.

Thus, the plaintiff's lawsuit is unlawful and dismissed.

2. Determination as to the claims of the Plaintiff’s succeeding intervenor

(a)the reasons for the attachment to the indication of the claim and the reasons for participation;

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;