근저당권말소등기청구 및 청구이의의 소
1. The plaintiff's lawsuit of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff, which caused the claim, proposed that the defendant would lend KRW 800 million to the plaintiff upon the establishment of the right to collateral security on the real estate of this case which he owned by B, and that the right to collateral security of this case should be cancelled since it did not pay the above money, since the right to collateral security of this case is invalid without the underlying claim.
2. We examine ex officio the legality of the instant lawsuit, and examine the following facts: (a) if the Plaintiff is not an interested party on the registry that has a direct legal interest in the registration of cancellation of the right to collateral security, it shall be deemed that there is no standing to file for registration of cancellation; and (b) in full view of the purport of the entire pleadings as to the evidence No. 1 (including a provisional number), it is recognized that the instant real estate owned by B was subject to the instant collateral security, which is the “debtor, Plaintiff, Defendant, and maximum debt amount of the instant real estate amount of KRW 80 million,” and accordingly, the instant real estate was provided as a physical collateral to a third party other than the obligor, and there is no evidence that the Plaintiff is the previous or present owner of the instant real estate or the party to the instant mortgage contract.
Therefore, the Plaintiff is deemed to have no legal interest in the Plaintiff’s claim for the cancellation of the registration of creation of a neighboring mortgage. Therefore, the instant lawsuit is unlawful as filed by a person without standing to sue.
3. The conclusion is that the lawsuit of this case is dismissed, and it is so decided as per Disposition.