If a lawsuit for cancellation of registration of the establishment of a neighboring mortgage is filed, the granting of provisional disposition pursuant to Article 507(2) of the Civil Procedure Act

Where a lawsuit is filed for the cancellation of registration of cancellation of the establishment of a neighboring mortgage due to non-existence of mortgage debt, provisional disposition under Article 507 (2) of the Civil Procedure Act may be taken in accordance with a lawsuit of objection against a claim under Article 505 of the same Act.

Articles 505, 507, Paragraph 2 of the Civil Procedure Act

[Plaintiff-Appellant-Appellee] 77G6 decided Dec. 21, 1977 (Gong1978, 10551)

The same military service corporation

Seoul High Court Decision 93Ka509 delivered on July 12, 1993

The special appeal is dismissed.

The grounds for special appeal are examined.

In order to suspend an auction procedure where the existence or absence of the right to file an application for a voluntary auction is disputed, the auction procedure may be suspended under Article 603-3 of the Civil Procedure Act applied mutatis mutandis under Article 728 of the same Act, and an objection against the commencement of auction procedure under Article 484 of the same Act may be filed by applying mutatis mutandis Article 505 of the same Act, and the auction procedure may be suspended under an order to suspend execution under Article 507 of the same Act, and it shall not be suspended under Article 714 of the same Act. However, according to the records of this case, the applicant is justifiable in the judgment of the court below that the special appellant, who is the right to file an application for a voluntary auction of the real estate of this case, filed a lawsuit for the cancellation of the registration of establishment of mortgage with the Seoul Civil Procedure District Court for the reason that the secured obligor was fully repaid, and that the court below submitted a petition of appeal against the first instance court for the cancellation of registration of establishment of mortgage to the court below for the same reason that it cannot be ordered to suspend the auction procedure.

Therefore, there is no reason to discuss.

Therefore, the special appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-soo (Presiding Justice)