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(영문) 대법원 2015.08.27 2013다204737
근저당권말소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. Article 18 (1) of the Rental Housing Act provides that, with respect to rental housing constructed by a housing construction project implemented with approval for a business plan under Article 16 (1) of the Housing Act, a rental business operator shall not establish a security right such as mortgage or provisional registration, or establish a right to lease on a deposit basis or a right to lease on a deposit basis, which is registered prior to the conversion for sale in lots. Paragraph (2) of the same Article provides that, with respect to rental housing under paragraph (1), a rental business operator shall apply for registration of the same content as Paragraph (2) of the same Article. Paragraph (3) of the same Article provides that, with respect to rental housing, a rental business operator shall file an application for registration of the establishment of a limited real right, provisional seizure, provisional seizure, provisional seizure, etc. before the conversion

In addition, while the Rental Housing Act does not explicitly stipulate the cancellation of additional registration of prohibited matters, Article 3 provides that the Housing Act and the Housing Lease Protection Act shall apply to the construction, supply and management of rental housing. In light of the provisions of the latter part of Article 40 (3) of the Housing Act and the provisions of Article 45 of the Enforcement Decree of the Housing Act according to delegation of the latter part of Article 40 (4) of the Housing Act, it is interpreted that the additional registration of prohibited matters under the Rental Housing Act is cancelled at the request of a rental business operator or cancelled at the request of a registration officer or

As above, the additional registration or cancellation of prohibited matters under Article 18 of the Rental Housing Act is prohibited because it is made ex officio or at the court's request by the rental business operator alone.

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