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(영문) 인천지방법원 2019.04.18 2018가단27163
근저당권설정등기말소등기절차이행
Text

1. The Plaintiff:

A. As to the real estate stated in the attached list, Defendant B shall be registered with the Incheon District Court on December 30, 1993.

Reasons

1. Claim against the defendant B

A. The secured debt of the right to collateral security (hereinafter “instant right to collateral security”) set forth in Defendant B’s Disposition No. 1 of the Claim was extinguished due to the repayment or the completion of prescription.

Defendant B is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the neighboring mortgage of this case.

(b) Judgment on deemed confession (Article 208 (3) 2 and the main sentence of Article 150 (3) of the Civil Procedure Act);

2. Claims against Defendant Republic of Korea and the Credit Guarantee Fund;

A. In cases where a claim bearing legal principles is seized, the purpose of registering the seizure of the secured claim by means of additional registration in the registration of the establishment of the collateral is to publicly announce the seizure of the secured claim because the seizure of the secured claim is not effective even in the case of the seizure of the secured claim, which is a subordinate right based on the incidental nature of the secured right, if the secured claim of the secured claim is seized. Thus, if the secured claim of the secured claim is cancelled because there is no secured claim of the secured right, the seizure right holder is a third party interested in the registration and is obliged

(See Supreme Court Decision 2003Da70041 delivered on May 28, 2004, etc.). B.

In this case, the defendant Republic of Korea completed the additional registration for the reason of seizure of each collateral security claim as of July 27, 2016 by the registration office of the Incheon District Court, and the defendant Credit Guarantee Fund as of August 22, 2018 by the registration office of the Incheon District Court, as of August 22, 2018. The fact that the secured claim of the instant collateral security does not exist any longer due to the extinguishment of the secured claim of the instant collateral security, may be recognized by taking into account the whole purport of the pleadings as a whole in the evidence Nos. 1 and 2.

Pursuant to the above legal doctrine, the Defendants are obligated to express their intent to accept the registration of cancellation of the registration of the establishment of the instant neighboring mortgage.

3. The plaintiff's claim for conclusion shall be accepted on the grounds of its reasoning.

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