부동산근저당권말소회복
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff is seeking to implement the procedure for registration of cancellation of the registration of the creation of collateral security completed on September 26, 201 by the Seoul Western District Court, Seodaemun District Court, Seodaemun Registry, which was received on September 26, 2011, with respect to the real estate (the building of this case) listed in the attached list, but there is no interest in filing a lawsuit to seek restitution because the registration of creation of collateral security was cancelled
The Plaintiff’s intent of the claim is as follows: (a) the Plaintiff’s share in the instant building is sought by the Seoul Western District Court, the Seodaemun District Court, the Seodaemun District Court, the Registry of Registry of 33073 on September 26, 201; (b) the Plaintiff’s registration office cancelled on April 22, 2009, which was cancelled on April 22, 2009; (c) the Plaintiff’s claim for the implementation of the procedure for the registration of recovery of a cancelled registration is deemed to be the Defendant only to the person liable for the registration of recovery; (d) the Plaintiff’s claim for the registration of recovery of a right to collateral security against the owner at the time when the registration of creation of the right to collateral security is cancelled (Supreme Court Decisions 2006Da43903, Oct. 15, 2009; 68Da1617, Mar. 18, 1969); and (e) the Plaintiff’s claim for cancellation against the Defendant is unlawful.
Therefore, it is so decided as per Disposition by the assent of all participating Justices.