상가임차권등기 말소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff seeks cancellation of the lease registration established on real estate as stated in the purport of the claim against the defendant. We examine the legitimacy of the lawsuit of this case ex officio.
The registration of the right to lease of a commercial building shall be deemed reasonable by the court at the request of the lessee for the lease registration.
After determining the order of lease registration, the registration shall be entrusted to the competent registry office.
In order to cancel the term of registration where registration is completed in accordance with the order to register the right of lease of a court, an objection to the order to register the right of lease or a revocation of the said order shall be filed with the court, and the court shall submit the original copy of the written judgment to the executive agency to seek revocation of enforcement (see Article 6(3) of the Protection of Commercial Building Lease Act). As long as special remedies are provided for cancellation of the right of lease registration, the plaintiff can only cancel the right of lease in accordance with the above procedure, and seek cancellation of the right of lease registration against the defendant is not a legal interest in the lawsuit.
Since the lawsuit of this case is unlawful, it is decided to dismiss it and it is so decided as per Disposition.