근저당권설정등기말소
2015Da244845 Cancellation of the registration of creation of a mortgage
A Stock Company
The bankruptcy debtor B is the party to the lawsuit
Korea Deposit Insurance Corporation
Suwon District Court Decision 2014Na41886 Decided September 17, 2015
February 18, 2016
The judgment of the court below is reversed.
The judgment of the first instance is revoked and the lawsuit of this case is dismissed. All costs shall be borne by the plaintiff.
The grounds of appeal are examined.
According to the records, since the registration of establishment of a mortgage of each of the instant cases, where the Plaintiff seeking the implementation of the procedure for registration of cancellation against the Defendant, can be known to have been cancelled due to a voluntary auction during the period of the final appeal after the judgment of the court below was rendered, the Plaintiff had no legal interest in seeking the cancellation of the registration of establishment of a mortgage of each of the instant cases. Therefore, the lawsuit of this case became null and void as the interest in the lawsuit is pending in the final appeal, and thus, the judgment of the court below cannot be maintained as it is. Therefore, the judgment of the court below is reversed. Therefore, since the instant case is sufficient for the court to directly render a judgment, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed, and the total
Justices Kim Jae-young
Justices Lee In-bok, Counsel for the appeal
Justices Go Young-young
Justices Lee Dong-won