근저당권설정등기말소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 26, 2015, the registration of creation of a mortgage on the real estate indicated in the separate sheet (hereinafter “instant real estate”) was completed on the ground of a contract to establish a contract on the same day, which was concluded on November 26, 2015.
B. On June 1, 2016, upon the Defendant’s application, the voluntary auction procedure was commenced to Cheongju District Court B on the instant real estate, and on May 11, 2017, the registration of ownership transfer was completed due to the “sale due to a voluntary auction” in the name of Cheongju District Court C, and the registration of the instant collateral security was cancelled.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. On September 20, 2016, the Defendant’s Defendant’s defense of the cause of the Plaintiff’s claim deposited KRW 10,319,000 with the Cheongju District Court Decision 2166, Sept. 20, 2016, with the Defendant as the Defendant for a reimbursement deposit of KRW 10,319,00. Thus, the Defendant asserted that the Defendant, the mortgagee, was seeking the execution of the procedure for cancellation registration of the instant collateral security registration against the Defendant, as the secured obligation of the instant case was fully extinguished upon repayment. Accordingly, the Defendant’s defense that there was a cancellation of the registration of the instant collateral security registration due to the sale of the instant real estate by voluntary auction, and thus, the Defendant
B. There is no legal interest in seeking the cancellation of the registration of creation of a neighboring mortgage if the registration of creation of a neighboring mortgage was cancelled on the ground of successful bid while the lawsuit seeking the implementation of the registration procedure for cancellation of the registration of creation of a neighboring mortgage was pending.
(See Supreme Court Decision 2002Da57904 Decided January 10, 2003). In light of the following, the registration of the instant collateral security was cancelled on May 11, 2017, where the Plaintiff seeking the implementation of the procedure for registration of cancellation against the Defendant.