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(영문) 대전지방법원 2018.12.12 2018가단219151
근저당권말소
Text

1. Of the instant lawsuit, the Plaintiff’s share in the attached Form No. 599.493948/1195 is related to the Plaintiff’s share in the real estate indicated in the attached Form.

Reasons

1. Ex officio determination (the part of paragraph (1) of this Article) where the supplementary registration of the right to collateral security transfer is subordinate to the registration of the establishment of the right to collateral security, which is an existing principal registration, and is linked to the registration of the establishment of the right to collateral security, there is no practical benefit to separately recognize the cancellation of the supplementary registration: Provided, That where only the reason for the transfer of the right to collateral security is invalidated, revoked or cancelled, that is, where the principal registration of the right to collateral security is asserted the validity of the supplementary registration only on the premise that the registration of the right to collateral security is valid, the cancellation

(1) In this case, the part seeking cancellation of the additional registration of the right to collateral security transfer is unlawful in light of the legal principles as seen earlier. The part seeking cancellation of the additional registration of the right to collateral security transfer is dismissed.

2. Judgment on the merits

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Cases by publication, other than matters necessary to specify the request, where reasons for judgment are omitted (Article 208(3)3 of the Civil Procedure Act)

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