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(영문) 부산지방법원동부지원 2015.11.03 2014가단16540
근저당권말소
Text

1. The plaintiff's action against the defendant F shall be dismissed.

2. Defendant H:

A. Defendant A shall be the 12/22 of the real estate stated in attached Form A (i).

Reasons

1. In light of the overall purport of evidence Nos. 1-1, 2, and 2-2, the Plaintiff has a claim against H and Defendant E, and H and Defendant E have no specific property except for the Plaintiff’s ownership of part of the shares of 14,485 square meters of the 14,485 square meters of Busan Shipping Daegu (hereinafter “the instant real estate”) stated in the attached Table No. 1-2, as shown in the attached Table No. 1-2, H, as shown in the attached Table No. 1-2, against the Defendants other than Defendant F, and Defendant E had the right to collateral security for some of the shares of the instant real estate, and Defendant E transferred part of the right to collateral security established from H due to the assignment of claims to Defendant F.

2. Determination as to the legitimacy of the lawsuit against Defendant F was made on the part of 12/22 shares of the instant real estate in Busan District Court’s 19962, which was received on March 26, 1998 from the Busan District Court’s 12/122, and the registration of the establishment of a neighboring mortgage to Defendant E was completed on the part of Defendant E’s claims. Defendant F acquired part of Defendant F’s claims, which was received on December 29, 200 and received on December 29, 200, and was additionally registered on the part of the right to collateral security transfer as seen above.

However, the Plaintiff seeks cancellation of the above additional registration against Defendant F.

The supplementary registration by the transfer of mortgage is to specify the succession of the right by the transfer of the existing mortgage registration on the register. Since the ownership registration by the existing principal registration is subordinate to the establishment registration by the existing principal registration, and is integrated with the principal registration, it is only necessary to cancel the establishment registration by the principal registration, and even if the supplementary registration is not to be separately cancelled, it is cancelled ex officio by the cancellation of the principal registration. Thus, the plaintiff can seek against the defendant E and F the cancellation of the above establishment registration by the registration by the registration of the establishment of the existing principal registration, and the plaintiff's lawsuit seeking the cancellation of the additional registration by the transfer of part of the right to collateral security by the defendant F, based on the above establishment registration by the existing principal registration, is not recognized.

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