beta
(영문) 대전지방법원 2017.05.11 2016가단26577

전세권설정등기말소

Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, 2/5 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Reasons

Comprehensively taking account of the purport of each statement in Eul evidence Nos. 7 through 10, the defendant, after the filing of the lawsuit in this case, left the documents necessary for the registration of cancellation of chonsegwon (hereinafter "registration of creation of chonsegwon in this case") which was completed on April 9, 2012 by the Daejeon District Court, Daejeon District Court, Seoul District Court, on December 13, 2016, as well as the registration of cancellation of chonsegwon (hereinafter "registration of establishment of chonsegwon in this case") in the office of a certified judicial scrivener, and on April 14, 2017, the fact that the procedure for registration of cancellation of chonsegwon in this case was completed can be recognized.

Since the registration of the creation of chonsegwon was cancelled, the Plaintiff’s claim shall be dismissed, but Article 99 of the Civil Procedure Act shall apply to the burden of litigation costs, taking into account the various circumstances shown in the pleading of this case, the litigation costs to be borne by the parties shall be determined as