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(영문) 서울서부지방법원 2015.08.21 2014가단230040
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. As the Plaintiff purchased the real estate listed in the separate sheet on April 25, 2014, and the registration of creation of a collateral in the name of the Korea Savings Bank (hereinafter “instant collateral security”) that was completed on April 22, 2008 by the Seodaemun District Court (Seoul Western District Court’s Seodaemun-gu Office of Registry on the said real estate was null and void due to the absence of the secured obligation, the Defendant’s claim for the cancellation of the instant collateral security against the Defendant, a trustee in bankruptcy of the Korea Savings Bank (hereinafter “instant collateral security”) was cancelled. In light of the price of real estate listed in the separate sheet and the amount of claim by the creditors, the Defendant asserted that the instant collateral security was unlawful, since there is no room for the Plaintiff to pay any dividends to the Plaintiff even if the instant collateral security was cancelled, there is no interest to seek for the cancellation of the instant collateral security right,

According to the evidence evidence No. 12, the mortgage of this case can be acknowledged as the fact that the registration of cancellation was made due to a compulsory auction on May 11, 2015. It is evident that there is no legal interest in seeking to seek to cancel the registration of establishment of a mortgage of this case in the event that the registration of cancellation of the establishment of a mortgage of this case was cancelled due to a successful bid during the lawsuit seeking the implementation of the procedure for registration of cancellation of the establishment of a mortgage of this case, there is no legal interest in seeking to seek to cancel the registration of establishment of a mortgage of this case (see, e.g., Supreme Court Decisions 2002Da57904, Jan. 10, 2003; 201Da37001, Apr. 26, 2013). The lawsuit of this case is obvious that there is no interest in the lawsuit

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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