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(영문) 춘천지방법원 영월지원 2017.02.16 2014가합2398
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

2. One-half of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Reasons

On October 17, 2014, the Plaintiff asserts that the instant collateral security should be cancelled because no secured debt exists because the Plaintiff arbitrarily re-issues the Plaintiff’s corporate identification card and seal imprint on each real estate indicated in the separate sheet.

If the registration of establishment of a mortgage was cancelled in the course of a lawsuit seeking ex officio the implementation of the procedures for registration of cancellation of the establishment of a mortgage near the Dolsan, there is no legal interest in seeking the cancellation of the registration of establishment of a mortgage near

(2) The court below erred by misapprehending the legal principles as to the right to collateral security (see, e.g., Supreme Court Decision 2002Da57904, Jan. 10, 2003). However, the court below erred by misapprehending the legal principles on collateral security (see, e.g., Supreme Court Decision 2002Da57904, Feb. 25, 201

Therefore, the instant lawsuit is dismissed, and the litigation costs are determined to be shared by 1/2 each, taking into account the circumstances such as cancellation of the instant mortgage right.

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