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(영문) 서울중앙지방법원 2017.09.13 2017가단5073811
근저당권말소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Whether the lawsuit in this case is legitimate or not, (i) around June 1998, the Plaintiff consented to the establishment of the right to collateral on the portion of real estate stated in the claim in order to secure D’s obligation to Defendant B, but unlike this, the establishment of the right to collateral was completed on the part of the Plaintiff as the debtor, which was recorded in the purport of the claim that made the Plaintiff as the debtor. This is a registration invalidation of the cause for not having any obligation to collateral from the beginning, or even if not, even if the secured claim was not so, it was extinguished by the statute of limitations around June 2008, when ten years have passed from June 1998, which was the date of the contract to collateral security, as the secured claim was extinguished, the Plaintiff sought the cancellation of the registration to Defendant B, the title holder of the right to collateral security, and (ii) sought the declaration of consent to the cancellation of the registration to collateral security against the debtor, the debtor, the Korea Deposit Insurance Corporation, and the bankruptcy trustee in

However, there is no dispute between the parties regarding the cancellation of the registration of the establishment of the above mortgage while the pleading of this case was in progress, so the plaintiff has no legal interest in seeking the cancellation of the registration of the establishment of the above neighboring mortgage and the declaration of consent thereto

Therefore, the instant lawsuit against the Defendants is all unlawful.

2. All of the instant lawsuits are dismissed, and the costs of lawsuit are assessed against the losing Plaintiff, and the Plaintiff asserts that the Defendants should bear all or part of the costs of lawsuit pursuant to Article 99 of the Civil Procedure Act.

According to the records, prior to the division of the foregoing right to collateral security, Defendant B applied for a voluntary auction and received the secured debt in the distribution procedure after the division of the pertinent share out of E forest land 75,877 square meters after the division of the instant real estate from 75,967 square meters in women’s forest and field E, which was originally established prior to the division of the said right to collateral security. The relationship between the establishment registration of a neighboring

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