(영문) 부산지방법원 서부지원 2018.07.18 2017가단2234

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(영문) 부산지방법원 서부지원 2018.07.18 2017가단2234

근저당권설정등기 말소등기 청구의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Judgment on the Defendant’s main defense

A. The Plaintiff registered the establishment of a neighboring real estate (hereinafter “the instant real estate”) on each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “the instant real estate”), and registered the establishment of a collateral security (the maximum debt amount of KRW 180,000,000,000, the obligor, Busan Bank Co., Ltd. (hereinafter “the instant collateral security registration”) and the registration of the establishment of a collateral security (hereinafter “the instant collateral security registration”) and the registration of the establishment of a collateral security (the instant collateral security (hereinafter “instant collateral security registration”) were completed on September 19, 2016, on the ground that the instant collateral security transfer was transferred to the Defendant on behalf of the Plaintiff, on the ground that the Defendant repaid the instant collateral security obligation on behalf of the Plaintiff, but the Defendant’s claim for indemnity against the Plaintiff did not accrue from the beginning through the Defendant’s promise to repay the instant collateral security obligation, or that the Plaintiff filed a lawsuit against the Defendant for the establishment of a collateral security (hereinafter “the instant collateral security registration”).

In regard to this, the defendant asserts that the registration of the establishment of a mortgage and the registration of the establishment of a mortgage in the neighboring area of this case is unlawful since there is no legal interest to seek the cancellation thereof.

B. The registration of cancellation refers to a registration made for the purpose of legally extinguishing the entire registration in a case where all the registered matters of a certain registration are inconsistent with the substantive relations in the original or latter form. Therefore, there is no legal interest to seek cancellation for the registration already cancelled.

Supreme Court Decision 201No. 15 Decided October 15, 2015

유사 판례

-수원지방법원여주지원 2014.06.26 2013가합1890

-서울중앙지방법원 2017.09.20 2016가단94106

-의정부지방법원 2017.05.17 2017가단247

-서울중앙지방법원 2014.10.28 2013가합77862

-광주지방법원 2019.10.25 2018나65469