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(영문) 서울고등법원 2018.10.17 2018나2011600
근저당권말소
Text

1. The judgment of the court of first instance is modified as follows.

All of the plaintiffs' lawsuits of this case are dismissed.

2. Action.

Reasons

1. Basic facts and the reasons why the court should explain this part of the plaintiffs' assertion are "1. Basic Facts" and "2." of the judgment of the court of first instance, except where the defendant "the defendant" of the 14th five parallels (the criteria in the table below) of the judgment of the court of first instance is "D"

A. Since the plaintiffs' assertion is the same as the plaintiffs' assertion, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the Defendant’s main defense

A. Defendant’s principal defense 1) The registration of the establishment of a mortgage and the additional registration of the transfer of a right to collateral security, which the Plaintiffs sought for cancellation as the primary claim and the secondary claim, was cancelled on February 22, 2016. Thus, this part of the lawsuit is unlawful as there is no interest in the lawsuit. 2) The instant lawsuit was concluded on April 25, 2007 with the first preliminary claim that the Plaintiffs sought revocation of the fraudulent act, and was filed on July 21, 2015, and thus, this part of the lawsuit is unlawful by setting the exclusion period of five years.

B. According to the evidence No. 28 of Eul, it is acknowledged that ① the registration of the establishment of the neighboring mortgage completed by the Seoul Central District Court No. 3358 on April 25, 2007 with respect to the attached real estate No. 2 for which the plaintiffs sought cancellation as the primary claim, and ② the registration of the establishment of the establishment of the neighboring real estate which was completed by the plaintiffs as to the attached real estate No. 2 for which the plaintiffs sought cancellation as the second preliminary claim was completed on June 9, 2014, both the additional registration of the transfer of the right to collateral security completed by the compulsory auction as of February 22, 2016, was cancelled on the same day as the sale by the compulsory auction as of February 22, 2016. In a lawsuit seeking the cancellation of the registration of the establishment of the right to collateral security was revoked on the ground of auction, there is no legal interest to seek the cancellation of the registration of the establishment of the neighboring real estate (see Supreme Court Decision 2002Da57904, Jan. 10, 10, 200).

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