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(영문) 서울북부지방법원 2015.02.12 2014가합2178
근저당권설정등기말소
Text

1. All of the plaintiff's lawsuits against the defendants are dismissed.

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

Reasons

1. The Plaintiff asserts that the registration of ownership transfer in the name of F with respect to the share of real estate stated in the purport of the claim is null and void, and seeks against the Defendants the procedure for registration of cancellation of the registration of ownership transfer in the name of each of the Defendants under the above F F’s name, based on the registration of ownership transfer in the above F’s name.

When the registration of the establishment of a new mortgage was cancelled on the ground of auction while the lawsuit seeking the cancellation of the registration procedure for the establishment of a new mortgage was pending, there is no legal interest in seeking the cancellation of the registration of the establishment of a new mortgage.

(See Supreme Court Decision 2002Da57904 Decided January 10, 2003, etc.). However, according to the overall purport of the statements and arguments in the evidence Nos. 9 and 10 of the evidence Nos. 2003, the decision to commence compulsory auction was rendered on July 3, 2014, and the registration of transfer of shares in the name H and 19 persons was completed on October 27, 2014 due to the sale by compulsory auction as above, and on the same day, the registration of cancellation of the registration of the establishment of the establishment of each neighboring mortgage as stated in the purport of each of the defendants' claims was completed. Accordingly, the defendants have no interest in the lawsuit seeking the implementation of the procedure for the registration of cancellation of the establishment of the establishment of a new mortgage as mentioned above against the defendants.

2. In conclusion, each of the instant lawsuits against the Defendants is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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