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(영문) 서울동부지방법원 2020.08.12 2019나31407
토지분할 등
Text

1. Of the judgment of the court of first instance, the part of the claim for cancellation of the registration of cancellation of the establishment registration near the court of first instance shall be revoked.

Reasons

1. The grounds for appeal by the Defendants on the part concerning the claim for the implementation of the procedure for ownership transfer registration, which was based on the land division agreement cited in the judgment of the court of first instance, are not significantly different from the allegations in the court of first instance, and each of the evidence submitted in the court of first instance is sent to the court of first instance, and the fact-finding and judgment in the court of first instance (it is reasonable to deem that the judgment on the assertion that the claim is invalid because the Defendant’s consent to the disposal of the partnership property as

Therefore, the reasoning of the judgment of the court of first instance is as follows: (a) the judgment of the court of first instance on the part of the claim for cancellation of the registration procedure for the establishment of a neighboring mortgage is deleted; and (b) the judgment on the claim for cancellation of the registration procedure for the establishment of a neighboring mortgage is applied to "the judgment on the claim for cancellation of the registration procedure for the establishment of a neighboring mortgage";

2. A lawsuit seeking for the cancellation of registration procedures for the cancellation of the registration of the establishment of a neighboring mortgage is unlawful against a person who is not a party standing, since the lawsuit seeking the cancellation of registration against the person liable for registration, who loses his right or is not a person who is not a person (the title of registration or his/her general successor) by examining ex officio the judgment on the claim for the cancellation of registration procedures for the establishment of a neighboring mortgage, is an improper lawsuit against the person liable for registration, and the debtor is not a defendant standing.

(see, e.g., Supreme Court Decisions 93Da39225, Feb. 25, 1994; 2014Da90928, Jul. 23, 2015). According to the records, the Plaintiff’s obligor for cancellation of the registration of the establishment of a neighboring mortgage seeking cancellation is M&A, a mortgagee, and thus, the part of the instant lawsuit seeking the implementation of the registration procedure for cancellation of the registration of the establishment of a neighboring mortgage against the Defendants is without standing.

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