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(영문) 서울북부지방법원 2018.04.24 2018가단999
근저당권말소등기 등
Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the Eastern District Court of Seoul Northern District.

Reasons

1. The secured obligation of the registration of the establishment of a mortgage on the part of the defendant B, recorded in the attached list owned by the plaintiff as the cause of the claim, was not nonexistent from the beginning, or extinguished on June 7, 2017.

[Reasons for Recognition] Defendant B: Defendant Youngcheon-si: Each entry in Gap evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Where a claim bearing a judgment is provisionally seized, the purpose of registering the provisional seizure of the secured claim by means of additional registration in the registration of the establishment of the collateral is to publicly announce the provisional seizure of the secured claim because if the secured claim of the secured claim of the secured security is provisionally seized, the provisional seizure of the secured claim would become effective even in the case of the secured claim of the secured security. If the secured claim of the secured security does not exist, the provisional seizure order shall be null and void, and if the secured claim of the secured security is cancelled, the provisional seizure right holder shall be a third party having an interest in the registration of the secured security, and

(Supreme Court Decision 2003Da70041 Decided May 28, 2004). Defendant B is obligated to perform the procedure for registration of cancellation of registration of establishment of a mortgage near a cause invalidation, and Defendant Youngcheon-si, which seized Defendant B’s collateral on August 21, 2017 following the extinguishment of the secured claim, is obligated to express its consent on the registration of cancellation of registration of establishment of a neighboring mortgage as a third party.

3. Conclusion, the claim of this case is accepted on the grounds of all the reasons.

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