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(영문) 서울남부지방법원 2020.09.09 2020가단6317
주택임차권등기 말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff seeks cancellation of the lease registration established in the real estate stated in the attached list against the defendant. We examine the legitimacy of such a lawsuit ex officio.

The registration of the right to lease of a house shall be made by entrusting the registration to the competent registry after the court recognizes the application as reasonable according to an application for the right to lease of a lessee who fails to refund the deposit after the termination of the lease.

In order to cancel the registration where the registration is completed on the leasehold registration order of the court, an application for an objection or cancellation on the leasehold registration order of the court shall be made by submitting the original copy of the written judgment to the executive agency for the cancellation of the execution after being tried by the court to cancel the said decision.

(See Article 3-3(3) of the Housing Lease Protection Act. As long as special remedies are provided for the cancellation of the lease registration, the Plaintiff may cancel the lease registration in accordance with the above procedures. Thus, the Plaintiff’s seeking cancellation of the lease registration against the Defendant is unlawful as there is no benefit of lawsuit.

It is decided as per Disposition by the assent of all participating Justices to dismiss the instant lawsuit.

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