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(영문) 서울중앙지방법원 2018.03.27 2017가단87242
근저당권설정등기말소등기 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

According to the evidence Nos. 5-1, 2, 9-1, and 7 evidence Nos. 5-1, 9-1, and 7, the Plaintiff filed a lawsuit against the Defendant claiming for the cancellation of the establishment registration of a collateral security right on October 13, 2017 by asserting that “The Defendant’s husband, who was the Defendant’s husband, filed a lawsuit against the Defendant for the cancellation of the establishment registration of a collateral security right under the title of the Daejeon District Court No. 30265, Jul. 2, 2012, stating that the contract, maximum debt amount of KRW 200,000,000,000,000, which is the cause of registration, was completed on July 2, 2012, and that the establishment registration was completed on July 4, 2012 (hereinafter “instant collateral security right”). The Plaintiff sought for the cancellation of the establishment registration of a collateral security right under the title of the Daejeon District Court on July 13, 2017.

The defendant's principal safety defense as to the eligibility of the defendant is examined, and the supplementary registration prior to the right to collateral security is dependent on the registration of the establishment of the existing principal registry, and is integrated with the principal registration. If the secured debt is extinguished, or the registration of the establishment of the neighboring principal registry is null and void, if the principal registration is sought to cancel the registration of the establishment of the neighboring principal registry, the registration is cancelled ex officio according to the cancellation of the principal registration even if the registration is not separately requested for cancellation. The supplementary registration of the transfer of the right to collateral security is not only to specify the succession of the right by the registration of the existing neighboring principal registry, but also to the extent that the registration does not result in the new right.

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