beta
(영문) 서울중앙지방법원 2017.02.09 2016가단5106899

근저당권말소

Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. In relation to the registration of the establishment of a mortgage of this case, which was established as a joint collateral with respect to each real estate of this case, the registration of the establishment of a mortgage of this case, ex officio, may recognize the facts that the mortgagee of the establishment of a mortgage of this case is not the defendant but the non-party Korean bank. Thus, seeking the cancellation of the registration of the establishment of a mortgage of this case against the defendant, who is not a mortgagee, is unlawful since it was against the non-party standing.

2. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.