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Title
There is no legal interest in seeking the cancellation of the registration of creation of a neighboring mortgage by cancelling the registration of creation of a neighboring mortgage after the lawsuit.
Summary
Since the defendant can recognize the fact that the establishment registration of a neighboring mortgage was cancelled after the plaintiff's lawsuit, there is no legal interest in seeking the cancellation of the establishment registration.
Cases
2012 Gohap74200 Implementation of registration of cancellation of registration of creation of a neighboring mortgage
Plaintiff
XX
Defendant
Korea
Conclusion of Pleadings
November 26, 2012
Imposition of Judgment
December 27, 2012
Text
1. The instant lawsuit shall be dismissed.
2. One-third of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.
Purport of claim
The Defendant shall implement the procedure for the cancellation of registration of the establishment registration of a neighboring mortgage completed by the head of the Daejeon District Court No. 61720, Sept. 14, 201, with respect to the Plaintiff with respect to the area of 00-8 forest land of 00-8 m26 m2.
Reasons
1. Facts of recognition;
According to Gap evidence No. 1, the registration of creation of a neighboring mortgage (hereinafter referred to as the "registration of creation of a neighboring mortgage of this case") was completed on September 14, 201 with respect to the 82-8 m26 m26 m2 (hereinafter referred to as the "real estate of this case") which is owned by the plaintiff, as the receipt of the registration office of the Daejeon District Court of Daejeon District on September 14, 201, the maximum debt amount of KRW 000, the debtor Kim Young-young, and the debtor for the right to collateral security.
2. Judgment on the main defense of this case
According to the evidence No. 1, the Defendant, after the Plaintiff’s filing of the instant lawsuit, can recognize the fact that the Defendant cancelled the registration of the establishment of a mortgage on October 4, 2012, which was subsequent to the Plaintiff’s filing of the instant lawsuit, and thus, there is no legal interest in seeking the cancellation of the registration of the establishment of a mortgage
Therefore, the instant lawsuit is unlawful.
3. Conclusion
Therefore, the lawsuit of this case is dismissed, and the burden of litigation costs is judged as per Disposition by applying Articles 98 and 99 of the Civil Procedure Act, considering the circumstances of the case.