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(영문) 서울남부지방법원 2020.11.12 2019나67249
근저당권설정등기말소및부동산경매신청취하
Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The reasoning for this part of the judgment of the court is the same as the reasoning of the judgment of the court of first instance, and thus, this part is cited pursuant to Article 420 of the Civil Procedure Act.

2. If the registration of the establishment of a mortgage was cancelled on the ground of auction during the lawsuit seeking the implementation of the procedure for the cancellation of registration of the establishment of a mortgage near the instant lawsuit, there is no legal interest in seeking the cancellation of the registration of the establishment of a mortgage near the instant lawsuit.

(2) On January 10, 2003, the registration of creation of a neighboring real estate of this case, which the Plaintiff sought against the Defendant to implement the procedure for the registration of cancellation, was rendered on August 25, 2020, and the sale price was revoked on September 25, 2020, as the sale price was paid on September 25, 2020. Thus, the Plaintiff did not have any legal interest in seeking the cancellation of the registration of creation of a neighboring real estate of this case, and therefore, the lawsuit of this case was unlawful because there was no legal interest in seeking the cancellation of the registration of creation of a new real estate of this case.

3. Thus, the plaintiff's lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed as per Disposition.

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