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(영문) 서울남부지방법원 2020.07.17 2019가단17779
근저당권말소
Text

1. The Plaintiff:

A. Defendant B shall have the Jeonju District Court’s Dosan Registry on May 19, 2009 with respect to the land size of 595 square meters in Dosan-si.

Reasons

Plaintiff

The registration of the establishment of a mortgage in the name of Defendant B was completed on May 23, 2019 with respect to the registration of the establishment of a mortgage under the name of Defendant B as of May 19, 2009 with respect to the registration of the establishment of a mortgage on May 23, 2019 with respect to the registration of the establishment of a mortgage on around 595 square meters in Ysan-si, the ownership of the land. However, the foregoing registration of the establishment of a mortgage was completed without any legal act establishing the secured claim, and the existence of the secured claim is not a dispute between the parties, or can be recognized by taking into account the overall purport of the pleadings as a whole.

Thus, the above establishment registration of a neighboring mortgage is null and void and void. Accordingly, the plaintiff is obligated to execute the registration procedure for cancellation of the establishment registration of the above neighboring mortgage, and the defendant Republic of Korea is obligated to express his consent to the registration of cancellation of the establishment registration of the above neighboring mortgage. Thus, the plaintiff's claim is accepted as all for the reasons.

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