The meaning of registration of cancellation

In cases where cancellation is illegally cancelled, it refers to the registration that has the same effect as the cancellation had no effect retroactively at the time of cancellation after restoring the cancelled registration. Here, improper means the case where cancellation registration or other disposition is invalid, regardless of whether it was based on the actual reason for the procedural defect.

1. As to the real estate listed in the attached list to the Plaintiff, the Defendant U2 shall implement the procedure for the registration of recovery of the registration of the establishment of a neighboring mortgage on November 27, 1998, which was cancelled by the Incheon District Court, Dongcheon Registry of Dongcheon-gu, 2007, No. 41515, Sept. 4, 2007.

2. The plaintiff's claim against the defendant Republic of Korea is dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant U20 shall be borne by the said Defendant, and the part arising between the Plaintiff and the Defendant U20.

The order 1 and the defendant Republic of Korea will declare to the plaintiff that the plaintiff will accept with respect to the registration of the restoration of the establishment registration of the neighboring mortgage of No. 28465, Nov. 27, 1998, which was cancelled on September 4, 2007 by the Incheon District Court, Dongcheon Registry of the Incheon District Court with respect to the real estate in the annexed list.

1. Determination on the claim against Defendant U2Bio

The plaintiff borrowed KRW 3 million from the plaintiff around April 20, 1998, and as a security, completed the motive of mortgage as to the real estate listed in the separate sheet owned by the above defendant (hereinafter referred to as the "real estate of this case") as the Incheon District Court, Dongcheon District Court No. 38465, Nov. 27, 1998. The above defendant, around August 2007, included the real estate of this case to the plaintiff in the road construction work between the north-west river basin in the free economic zone authority of Incheon Metropolitan City, and made a false statement that the plaintiff would pay KRW 3 million on the face of the termination of the right to collateral security, and the advice was believed to have been cancelled on September 4, 2007, and thus, the registration of cancellation as stated in the separate sheet (hereinafter referred to as the "registration of cancellation of this case") was cancelled, and thus, the above registration was cancelled, and thus the defendant fulfilled the procedure of recovery registration under Article 208 (31) of the former Civil Procedure Act.

Therefore, Defendant U2S, which was cancelled as of September 4, 2007 by the Incheon District Court Dongcheon Registry No. 41515, with respect to the instant real estate, is obligated to implement the procedure for the registration of recovery of the establishment of a neighboring mortgage registration No. 38465, Nov. 27, 1998.

2. Determination on the claim against Defendant Republic of Korea

The plaintiff borrowed 3 million won from the plaintiff on April 20, 1998, and completed the registration of the right to collateral security on the real estate of this case owned by the defendant as collateral, but the above defendant, around August 2007, stated that "the plaintiff should be included in the road construction work between the north-west basin in the Free Economic Zone Authority of the real estate Incheon Metropolitan City, and the plaintiff will be paid 3 million won immediately if the right to collateral security is terminated," and that the registration of cancellation of this case should be restored, and the defendant Republic of Korea is obligated to express his/her intention to accept the registration of the right to collateral security.

In light of the above, the registration of cancellation under Article 75 of the Registration of Real Estate Act refers to the registration that causes the same effect as that of cancellation retroactively at the time of cancellation in cases where any registration was entirely or partially cancelled, and the cancellation was cancelled at the time of cancellation. The above improper means a case where cancellation registration or other disposition is invalid, regardless of procedural defect, regardless of the fact that the cancellation registration or other disposition was due to a procedural defect. Thus, if a party to the registration voluntarily made cancellation registration, the registration of cancellation cannot be made (see, e.g., Supreme Court Decision 2000Da63974, Feb. 23, 2001). Even in the Plaintiff’s assertion, the Plaintiff’s cancellation registration of this case goes against the Plaintiff’s intent rather than against the Plaintiff’s intent, rather, it cannot be deemed that the registration of this case was made voluntarily or voluntarily based on the intent to waive interest under the substantive law, and thus, it cannot be deemed that the Plaintiff’s claim for cancellation of this case’s registration cannot be made based on the premise that the Plaintiff’s claim for cancellation of this case’s agreement.

Therefore, the Plaintiff’s assertion against the Republic of Korea is without merit.

3. Conclusion

If so, the plaintiff's claim against the defendant U20 times is justified, and the claim against the defendant in the Republic of Korea is dismissed as it is without merit.