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(영문) 춘천지방법원강릉지원 2019.01.09 2018가단851
전세권설정등기말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Ex officio, we examine the legitimacy of the instant lawsuit seeking implementation of the procedure for cancellation registration of the registration of the establishment of chonsegwon, which was made on September 26, 2014 by the court No. 32205, with respect to the real estate listed in the attached list.

Where the registration has been cancelled for any other reason while the lawsuit seeking the fulfillment of the procedure for cancellation registration of any real estate completed, there is no legal interest to seek cancellation any longer.

Therefore, in full view of the purport of the entire argument in the statement of evidence No. 204Da50044, Sept. 28, 2005, the registration of the creation of a right to lease on a deposit basis under the name of the defendant who is seeking cancellation as the lawsuit in this case can be recognized as cancellation of the registration of the right to lease on a deposit basis due to a voluntary auction on April 3, 2018.

Thus, the lawsuit of this case is unlawful as there is no benefit of lawsuit seeking cancellation of the registration of chonsegwon.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.

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