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(영문) 서울동부지방법원 2019.09.19 2019가단5124
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine the legitimacy of the instant lawsuit, which is determined as to the lawfulness of the instant lawsuit.

An owner or debtor who has created a right to collateral security may request the cancellation of the registration of creation of the right to collateral security, but a debtor who is not the person who created the right to collateral security may not request the cancellation of the

According to the records of evidence Nos. 1, 2, and 6, regarding the forest of this case owned by D, the registration of creation of a neighboring mortgage (hereinafter referred to as the "registration of creation of a neighboring mortgage") of this case as to the forest of this case owned by D is the maximum debt amount of 20 million won, the debtor, the plaintiff, and the mortgagee

any fact made shall be recognized.

The Plaintiff cannot be deemed as an interested party on the registry, who has a direct legal interest in the cancellation of the registration of the establishment of a neighboring mortgage, because it is merely a debtor with respect to the secured obligation of the registration of the establishment of a neighboring mortgage in the instant case.

Therefore, the Plaintiff is not qualified as a party to request the cancellation of the registration of the establishment of the neighboring mortgage of the instant case.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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