근저당권설정등기말소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s registration of the establishment of a neighboring mortgage in the name of the Defendant as stated in the purport of the claim as to each of the instant real estate owned by C, shall be cancelled since the extinctive prescription has expired as of August 12, 2014. The Plaintiff, as a creditor of C, sought the cancellation of the registration of the establishment of a neighboring mortgage in subrogation of C as the Defendant.
2. On October 10, 2014, ex officio determination as to the legitimacy of the instant lawsuit, the Plaintiff’s registration of the establishment of a neighboring mortgage in the name of the Defendant as stated in the purport of the claim regarding each of the instant real estate was cancelled on August 11, 2014 on the ground that the registration of the establishment of a neighboring mortgage in the name of the Defendant was cancelled on August 11, 2014. As such, the Plaintiff’s lawsuit seeking cancellation of the registration of the establishment of a neighboring mortgage is unlawful
3. In conclusion, the plaintiff's lawsuit of this case is unlawful and thus it is so decided as per Disposition.