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(영문) 청주지방법원충주지원 2017.12.14 2017가단22783

근저당권말소

Text

1. The part of the instant lawsuit regarding the claim for cancellation of registration of collateral security transfer shall be dismissed.

2. The defendant is a non-party.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

[Provided, however, with respect to the claim for cancellation of the registration procedure of the registration of the right to collateral security, the supplementary registration before the right to collateral security is dependent on the registration of the right to collateral security, which is the existing principal registration, and is integrated with the principal registration. Thus, if the obligation to collateral security is extinguished or if the establishment registration of the right to collateral security is null and void at the original principal registration, the right to claim cancellation of the supplementary registration is cancelled ex officio according to the cancellation of the principal registration even if the right to claim cancellation is not separately established (see, e.g., Supreme Court Decision 2000Da5640, Apr. 11, 200). exceptionally, there is no benefit to seek cancellation of the supplementary registration, i.e., where the cause for the transfer of the right to collateral security is null, void, and cancelled, on the premise that the principal registration of the right to collateral security becomes effective, and this case is a claim based on the premise that the principal registration should be cancelled.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);