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(영문) 춘천지방법원강릉지원 2019.06.05 2018가단36546

근저당권말소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not.

Where a creditor has filed a lawsuit against a third party debtor by exercising a creditor's subrogation right and has been ruled, the judgment is effective against the debtor if the debtor becomes aware of the lawsuit by the creditor's subrogation right for any reason (see, e.g., Supreme Court Decisions 95Da945, Jul. 11, 1995; 93Da52808, Aug. 12, 1994). Since a final and conclusive judgment has res judicata effect on the final and conclusive judgment, if the party who has won the final and conclusive judgment files a lawsuit against the other party to the previous lawsuit for the same claim as the previous judgment in favor of the other party to the previous lawsuit, the subsequent lawsuit is unlawful as there is no benefit

As the lawsuit of this case, the plaintiff asserts that the secured debt was extinguished on March 19, 200 after ten years from the date of creation of the secured debt on March 19, 193 with respect to the registration of the establishment of a collateral (hereinafter "mortgage of this case") on behalf of the debtor C (D) by subrogation of the debtor, and that the secured debt was extinguished on March 19, 200, which was the date of establishment of the secured debt of this case. In full view of the facts revealed in the court's work and evidence Nos. 4 (including the provisional number) and 1, E corporation filed a lawsuit seeking the cancellation of the above secured debt of this case by subrogation of the debtor C (D) on behalf of the debtor, which was the date of establishment of the secured debt of this case, on March 2, 2012, which was the date of termination of the contract of this case, and the court claimed cancellation of the above secured debt of this case on March 10, 2013.