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(영문) 인천지방법원 2017.04.28 2015가단7274

근저당권설정등기말소등기등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

On the premise that the Plaintiff had a title to seek the cancellation of the title transfer registration in C with respect to the instant real estate, the Plaintiff sought against the Defendants the registration of the establishment of the instant neighboring mortgage and the cancellation of the provisional registration in this case based on the above title transfer registration.

However, even in full view of the evidence in this case, it is difficult to deem that the Plaintiff has a title to seek cancellation of the registration of transfer of ownership in the name C with respect to the instant real estate, even if all of the evidence in this case were to be considered, the Plaintiff lost in the lawsuit seeking cancellation of the registration of transfer of ownership in the name C with respect to the instant real estate.

Therefore, the plaintiff's claim cannot be accepted on a different premise.

Thus, the plaintiff's claim against the defendants is dismissed as it is without merit.