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(영문) 서울중앙지방법원 2016.10.13 2015가단207943

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

The Defendant completed the registration of establishment of a neighboring mortgage (hereinafter referred to as the “mortgage”) under Article 30733, which was received on June 25, 2012, with respect to the real estate indicated in the attached list as the maximum debt amount of KRW 20 million. The Plaintiff completed the registration of establishment of a neighboring mortgage on the ground of sale on December 9, 2015, with respect to the real estate indicated in the attached list as the Seoul Central District Court No. 27692, Dec. 15, 2015; and the Defendant deposited the total amount of KRW 24.5 million with respect to the secured debt of the instant right under Article 27692, which was pending on September 1, 2016, when the instant lawsuit was pending.

8. The fact that the registration of cancellation of the right to collateral security of this case was completed on the ground of termination on 31. 31 is recognized by the parties to the dispute, or by the written evidence No. 1, No. 3, No. 1, and the purport

The Plaintiff sought registration of cancellation of the registration of the establishment of a mortgage of this case to the Defendant on the ground that the secured debt was fully extinguished by the deposit for repayment. While the registration of cancellation has already been completed during the continuation of the lawsuit of this case, the Plaintiff’s claim is eventually decided as per Disposition due to the lack