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(영문) 창원지방법원진주지원 2015.01.23 2014가단10027
근저당권설정말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

ex officio, this paper examines the legitimacy of the instant lawsuit.

The plaintiff asserts that the defendant completed the registration of the establishment of a mortgage of this case as to each real estate listed in the separate sheet owned by the plaintiff without the plaintiff's permission or consultation. The plaintiff is obligated to implement the registration procedure for cancellation of the establishment of a mortgage of this case.

However, according to the statements in Eul's evidence Nos. 1 and 2, the defendant was found to have completed the procedure of registration of cancellation of the establishment registration of the creation of the creation of the creation of the neighboring mortgage of this case by the Changwon District Court No. 12369 on September 16, 2014 on the ground of termination on September 16, 2014. The plaintiff no longer need to maintain the lawsuit seeking the execution of the procedure of registration of cancellation of the establishment of the creation of the neighboring mortgage of this case, and even if he arbitrarily performed the procedure of registration of cancellation of the establishment of the creation of the neighboring mortgage of this case, he had lost the profits of dispute as to the plaintiff's right to claim for the execution of the procedure of registration of cancellation of the establishment of the creation of the creation of the neighboring mortgage of this case

(See Supreme Court Decisions 96Da11785 delivered on October 15, 1996, and Supreme Court Decision 2002Da57904 delivered on January 10, 2003, etc.). Accordingly, the instant lawsuit is dismissed. It is so decided as per Disposition.

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