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(영문) 춘천지방법원속초지원 2016.04.12 2015가단1569
근저당권설정등기말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The Plaintiff asserts that the establishment registration of the instant collateral completed by the Defendant on each real estate listed in the separate sheet was extinguished by the prescription period, or there is no evidence to prove that the secured collateral was transferred, and that the Defendant requested the Defendant to cancel the registration, and that the registration of the establishment of the instant collateral was cancelled upon the completion of the auction procedure, the instant lawsuit is unlawful.

The facts that the registration of the establishment of a mortgage in the instant case was made for the reason of sale due to a voluntary auction are either disputed between the parties or acknowledged by comprehensively taking account of the overall purport of the pleadings. Thus, in the course of a lawsuit seeking the implementation of the procedure for the registration of the cancellation of the establishment of a mortgage in the instant case, there is no legal interest in seeking the cancellation of the establishment registration of a mortgage in the instant case, no longer than when the registration of the establishment of a mortgage in the instant case was cancelled for the reason of the successful bid (see, e.g., Supreme Court Decisions 2002Da57904, Jan. 10, 2003; 201Da37001, Apr. 26, 2013). The instant lawsuit has no interest in the 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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