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(영문) 창원지방법원통영지원 2020.04.23 2019가단23540
상가임차권등기말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The registration of health zone and commercial building lease shall be completed by applying for an objection or cancellation against the order of lease registration and submitting the original copy of the judgment to the executive agency to seek the cancellation of the execution, in order to cancel the registration where the registration is completed on the order of lease registration, after applying for an objection or cancellation against the order of lease registration and filing an application for the cancellation of the above decision with the executive agency.

(See Article 6(3) of the Commercial Building Lease Protection Act. Since special remedies are provided for the procedure of compulsory execution regarding the cancellation of the lease registration, the Plaintiff’s claim against the Defendant for cancellation of the registration of the commercial building lease is unlawful as there is no benefit of lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.

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