beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. On September 5, 2017, the Plaintiff borrowed KRW 135 million from the Defendants as interest per annum from 25%, and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with respect to each real estate indicated in the separate sheet as collateral, with the maximum debt amount of KRW 500,000,000, as the Seoul Central District Court No. 37504, Dec. 5, 2017.
Since around April 30, 2018, the Plaintiff deposited KRW 157,006,900,000,000 and interest calculated at the rate of 25% per annum from September 5, 2017 to April 30, 2018 to the Defendants, with the repayment of KRW 157,006,90,00 to the Defendants, and thus, the secured obligation of the establishment registration of the instant neighboring mortgage became extinct as repayment. Accordingly, the Defendants are obliged to implement the procedure for registration of cancellation of the establishment registration of the instant neighboring mortgage.
2. The Defendants’ judgment on the ground of the instant safety objection made the main defense to the effect that the instant lawsuit should be dismissed because they were voluntarily terminated the instant mortgage contract. As such, in the course of a lawsuit seeking the cancellation of the registration of the establishment of a new mortgage, if the establishment of a new mortgage was cancelled during the course of the lawsuit seeking the cancellation of the registration of the establishment of a new mortgage, there is no legal interest in seeking the cancellation of the establishment of a new mortgage (see, e.g., Supreme Court Decision 2002Da57904, Jan. 10, 2003). Accordingly, according to the overall arguments and arguments set forth in subparagraphs 1 and 2-1 and 1-2, it can be acknowledged that the establishment of a new mortgage of this case was cancelled on June 18, 2019 while the instant lawsuit was pending, the Plaintiff did not have a legal interest in seeking the cancellation of the establishment of a new mortgage of this case.
Therefore, since the lawsuit of this case is unlawful as there is no legal interest, the above main defense of the defendants is justified.
3. As such, the instant lawsuit is dismissed as it is unlawful, and the burden of litigation costs is determined to be borne by each party in consideration of all the circumstances revealed in the process of pleadings in the instant case.