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(영문) 수원지방법원 2014.11.04 2014가합2191
근저당권설정말소등
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant shall provide the plaintiff with attached real estate.

Reasons

1. Since around 2001, C, the Plaintiff’s basic facts, operated a printing office, received paper from D (hereinafter “D”). E is the representative director of D, and the Defendant is E.

Upon C’s request and on July 28, 2006, the Plaintiff completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with respect to the portion of 97/285/287/20 of the FY 13,752 square meters of forest land in the wife population in Suwon-si, which is owned by the Plaintiff, as the Suwon District Court’s registration office of port of Suwon District on July 28, 2006, under which “150,000,000,000,000,000 won,” the said real estate was divided into each real estate indicated in the attachment registration on September 17, 2009.

(hereinafter referred to as the “instant real estate”). C around April 2006, it transferred the right to operate a printing office to G, a vegetator, the instant real estate before and after the said subdivision, and died on December 18, 2007.

[Ground for Recognition: Facts without dispute, Evidence No. 1-2, Evidence No. 2, Evidence No. 2, Evidence No. 9, the purport of the whole pleadings]

2. The Plaintiff seeking the cancellation of the registration of the establishment of a mortgage on the root of the instant case, and also seeking the confirmation that there was no debt covered by the said mortgage.

ex officio, we examine the part concerning the claim for the confirmation of existence of the obligation among the instant lawsuit. The lawsuit for confirmation is permissible when the Plaintiff’s right or legal status is infeasible and is the most effective and appropriate means to fundamentally resolve the dispute. In order to seek confirmation that the mortgagee of the right to collateral security does not have any secured obligation based on the contract for the right to collateral security, and to seek cancellation of the registration of establishment of the right to collateral security on the ground that there is no secured obligation, the right to seek cancellation of the registration of establishment of the right to collateral security on the ground that the person who created the right to collateral

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