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All of the plaintiffs' lawsuits are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. The plaintiffs asserted that the registration of the establishment of a neighboring mortgage (hereinafter "the establishment of a neighboring mortgage of this case") should be cancelled on February 20, 2017, because they fully repaid the secured debt of the establishment of a neighboring mortgage (hereinafter "the establishment of a neighboring mortgage of this case") completed on February 20, 2017 with respect to each real estate listed in the separate real estate list (hereinafter "each real estate of this case").
2. We examine ex officio the lawfulness of the instant lawsuit.
The additional registration by the transfer of mortgage and the additional registration by the transfer of mortgage is only to specify the succession of the right by the transfer of existing mortgage establishment registration on the registry, and as much as the new right is not created by the registration is sufficient for the assignee only, and the transferor is not qualified for the defendant in the application for the cancellation registration.
(see, e.g., Supreme Court Decision 95Da7550, May 26, 1995). In the instant case, according to the written evidence Nos. 4, 9, and 10 (including the number of branch offices) as to the registration of creation of a new mortgage in the instant case, it is recognized that the additional registration of a new mortgage was completed as to the registration of establishment of a new mortgage in the Suwon District Court (No. 21774, Dec. 27, 2018) on the ground of the transfer of a contract as of December 27, 2018. The Plaintiffs filed for registration of cancellation against the Defendant, the transferor of a new mortgage in the instant case.
Therefore, seeking cancellation of the registration of creation of the instant neighboring mortgage against the Defendant, who is no longer the mortgagee, is unlawful as it is against the non-party-qualified person.
3. In conclusion, the plaintiffs' lawsuits are unlawful and dismissed in its entirety. It is so decided as per Disposition.