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(영문) 인천지방법원 2015.06.18 2014가합13231
근저당권말소등기
Text

1. On October 24, 2005, the Incheon District Court's reinforcement registry office regarding the real estate stated in paragraph 1 of the attached list among the instant lawsuits.

Reasons

1. Determination as to whether the part of the claim for cancellation of registration of cancellation of the right to collateral security transfer in the instant lawsuit is lawful

A. The supplementary registration of the transfer of a right to collateral security is dependent on the registration of the establishment of a right to collateral security, which is an existing principal registration, and thus constitutes the entire principal registration, and thus, the obligation to collateral security is extinguished, or when the establishment of a right to collateral security is null and void, only the cancellation of the registration of the establishment of a right to collateral security, which is the principal registration, shall be sought, and the supplementary registration shall be cancelled ex officio pursuant to the cancellation of the principal registration, even if it does not separately seek for the cancellation thereof (see Supreme Court Decision 95Da7550, May

Based on the above legal doctrine, as to the legality of this part of the lawsuit, the health room, ex officio, against the defendant, the plaintiff No. 2-A of the disposition against the principal registration.

The lawsuit seeking cancellation of the additional registration of the right to collateral security transferred by Incheon District Court No. 27113, Oct. 24, 2005, seeking cancellation of the registration of the right to collateral security prior to the port, is unlawful because there is no benefit in the protection of rights.

2. Indication of claim; and

A. On October 2005, the Plaintiff borrowed KRW 600 million from the Defendant who runs a financial service business, etc. and secured the above loan debt (hereinafter “instant secured loan”). On the real estate stated in paragraph (1) of the attached Table No. 1, the Plaintiff, the mortgagee of the right to collateral security, registered the transfer of the establishment registration of the neighboring mortgage as stated in paragraph (1) of the attached Table No. 2 of the order that the Plaintiff, the mortgagee of the right to collateral security, or the person holding the provisional registration as the Defendant with respect to the real estate listed in paragraph

The registration of the establishment of a neighboring mortgage or the right to claim transfer of ownership was completed.

B. The secured debt of this case is subject to the five-year commercial prescription as a commercial or auxiliary commercial activity for the defendant's business. The secured debt of this case is five years from September 25, 2008, which is the date of partial repayment of the secured debt of this case, as the starting point of the statute of limitations.

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