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(영문) 제주지방법원 2021.01.13 2020나13465
근저당권말소
Text

The judgment of the first instance is revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. The facts alleged by the court of the first instance and the summary of the parties’ assertion are identical to the relevant part of the judgment of the first instance, thereby admitting the same as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

In a lawsuit seeking the cancellation of registration of creation of a right to collateral security, where the registration of creation of a right to collateral security has already been cancelled due to a voluntary auction, there is no legal interest to seek the cancellation of registration of creation of a right to collateral security (see, e.g., Supreme Court Decision 2002Da57904, Jan. 10, 2003). With respect to each real estate listed in the separate sheet, the fact that the registration of creation of a right to collateral security, which was completed by Jeju District Court No. 16936, Feb. 13, 2018, was cancelled as Jeju District Court No. 105920, Dec. 8, 2020 on the same day, which was received by the Jeju District Court.

As long as the registration of establishment of the right of the Plaintiff was cancelled due to the sale of the auction procedure which was suspended until the end of the judgment No. 1, the instant lawsuit was unlawful since there was no legal interest to seek cancellation of the registration of creation of the right of the right of the party, since the Plaintiff no longer has the legal interest to seek cancellation

3. To revoke the judgment of the first instance court and dismiss the instant lawsuit.

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