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(영문) 서울남부지방법원 2017.05.12 2016나7758
근저당권설정등기 말소등기청구
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the court’s reasoning and this part of the Plaintiff’s assertion are the same as that of “1. Basic Facts” and “2. Plaintiff’s assertion” in the reasoning of the judgment of the court of first instance. Thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

2. If the registration of establishment of a neighboring mortgage was cancelled on the ground of successful bid during the lawsuit seeking the implementation of the procedure for registration of cancellation of the registration of establishment of a neighboring mortgage ex officio, there is no legal interest in seeking the cancellation of the registration of establishment of a neighboring mortgage.

(See Supreme Court Decision 2002Da57904 Decided January 10, 2003). In full view of the purport of the entire pleadings, the instant right to collateral security in the instant case is already a voluntary auction procedure for each real estate listed in the separate sheet (Sacheon District Court Assistance G), January 12, 2017, and the same year.

2.6. Sale on January 16, 2017 and the same year.

2. Since it is recognized that each cancellation was made on 13. The lawsuit of this case seeking the implementation of the registration procedure for cancellation of the registration of cancellation of the establishment registration of the neighboring mortgage of this case does not have

3. Thus, the lawsuit of this case shall be dismissed as it is unlawful, and since the judgment of the court of first instance cannot be maintained as it is, it is so decided as per Disposition by the cancellation of the judgment of the court of first instance and the rejection of the lawsuit of this case.

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