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(영문) 서울동부지방법원 2017.05.18 2016가합102489
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Defendant B completed the registration of ownership transfer regarding the instant apartment on November 9, 2012, and the Plaintiff completed the registration of ownership transfer on August 14, 2013 on the instant apartment. The Plaintiff completed the registration of ownership transfer on August 14, 2013 on the instant apartment based on the mortgage contract concluded on August 14, 2013.

B. The registration of the establishment of a neighboring mortgage of the instant case was cancelled on June 1, 2015 on the ground of termination.

C. After the registration of establishment of the instant apartment was revoked, the following registration was completed regarding the instant apartment.

1) Defendant C: The registration of the establishment of a mortgage (based on recognition) on June 1, 2015 with respect to the registration of the establishment of a mortgage (based on the registration of the establishment of a mortgage with the maximum debt amount of KRW 60 million) on the ground of a promise to return the substitute on June 3, 2015: Defendant E: (a) on August 25, 2015 (Seoul Central District Court G4) Defendant F: On December 24, 2014, with respect to the registration of the establishment of a mortgage (based on the registration of the establishment of a mortgage) on the grounds of the transfer of confirmed claims on February 16, 2016, the registration of the establishment of a mortgage (based on recognition), the entry of subparagraph 1, and the purport of the entire pleadings.

2. The assertion and judgment

A. On May 2015, Defendant B sought a certified judicial scrivener I, and requested the Plaintiff to cancel the registration of creation of a mortgage of the instant case on the ground that Defendant B paid the Plaintiff the full amount of the secured debt of the instant case and obtained approval from the Plaintiff for the termination of the right to collateral security.

In trust with Defendant B’s horses, I applied for cancellation registration without undergoing a separate verification procedure to the Plaintiff. Accordingly, the registration of the establishment of the instant neighboring mortgage was cancelled on June 1, 2015.

Therefore, Defendant B is liable for the Plaintiff to perform the procedure of recovery registration of the establishment registration of the neighboring mortgage of this case that was cancelled without any legal cause, and the remaining Defendants are obligated to express their consent on the above recovery registration.

B. We examine ex officio the lawfulness of the instant lawsuit ex officio.

With respect to immovables;

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