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(영문) 대구지방법원포항지원 2019.06.18 2019가단911
근저당권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

An owner or debtor who has created a right to collateral security may request the cancellation of the registration of creation of the right to collateral security, but a debtor who is not the person who created the right to collateral security may not request the cancellation of the

According to the statement No. 1-2 of the evidence No. 1-2 of this case, the plaintiff was merely the debtor as to the secured obligation of the registration of creation of a mortgage of this case and was not the person who created a mortgage as a party to the contract of establishment of a mortgage. Therefore, since the cancellation of the registration of establishment of a mortgage cannot be deemed as an interested party on the register with a direct legal interest, the plaintiff is not the party to the claim for the cancellation of the registration of establishment of a

Ultimately, the lawsuit of this case is dismissed as unlawful and is so decided as per Disposition.

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