근저당권말소
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
① Following the Plaintiff’s filing of the instant lawsuit for retrial, this court decided on December 20, 2018 that the Plaintiff deposited KRW 550,000 within 14 days from the date of notification of the order as security for litigation costs pursuant to Article 117(2) of the Civil Procedure Act (hereinafter “instant order to provide security”); the original copy of the decision was served on the Plaintiff on December 26, 2018; ② the Plaintiff filed an immediate appeal as Supreme Court Decision 2019Ma13 regarding the instant order to provide security on January 4, 2019; but the Plaintiff filed the immediate appeal on February 19, 2019; the said dismissal ruling became final and conclusive on February 21, 2019; ③ the order to provide security became final and conclusive on the same date; ③ the fact that the Plaintiff failed to provide the security within 14 days from the date of confirmation of the instant order to provide the security was clearly recorded or evident.
According to the above facts, since the plaintiff did not provide a security within the period of providing the security under the order to provide the security, it is so decided as per Disposition by the court below to dismiss the lawsuit of this case without pleading pursuant to the main sentence of Article 124 of the Civil Procedure Act.