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(영문) 서울중앙지방법원 2018.02.06 2017가단5184766
근저당권말소
Text

1. All of the instant lawsuits against the Defendants are dismissed.

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

Reasons

1. We examine ex officio the legitimacy of provisional seizure, and describe and cancel the registration of provisional seizure based on the court's decision of provisional seizure of real estate, which constitutes execution and cancellation of provisional seizure of real estate, is implemented only by the entrustment of the court of execution which made the above provisional seizure decision.

Therefore, if the registration of provisional seizure has been completed by the decision of provisional seizure, even if a written consent to the effect that the person holding the provisional seizure approves the cancellation of the registration of provisional seizure, or a judgment in lieu thereof, it is not possible to obtain the result of cancellation of the registration of provisional seizure by independently applying for cancellation registration to the registrar by attaching it, and if there is an application for cancellation of provisional seizure by the court of execution or for cancellation of execution by the person holding the right of provisional seizure (other words, the application for cancellation of provisional seizure can only be cancelled by the request of cancellation of the execution

Therefore, the instant lawsuit is unlawful for the execution of the procedure for cancellation registration of provisional seizure against the Defendants.

2. It is so decided as per Disposition by the assent of all participating Justices who reviewed the lawsuit against the Defendants.

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