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(영문) 수원지방법원성남지원 2019.01.09 2018가단200098
근저당권말소
Text

1. The part concerning the claim for the registration of collateral security and the cancellation of superficies transfer in the lawsuit of this case shall be dismissed, respectively.

2...

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act of the judgment by publication.

3. In addition to seeking cancellation of each of the above establishment registrations on the ground that there is no preserved bond or the statute of limitations has expired for the defendant who transferred the registration of establishment of a neighboring establishment and the registration of creation of a superficies as stated in Paragraph (2) of the Disposition, the plaintiff is also seeking cancellation of each of the above establishment registrations.

However, the supplementary registration prior to the establishment of a right to collateral security is dependent on the existing principal registration, and is integrated with the principal registration. Therefore, if the secured obligation is extinguished, or if the establishment registration prior to the original cause is null and void, only the cancellation of the establishment registration prior to the principal registration is sought, and the supplementary registration is cancelled ex officio pursuant to the cancellation of the principal registration (see, e.g., Supreme Court Decision 2000Da5640, Apr. 11, 200). Of the instant lawsuit, the part claiming the cancellation of the establishment registration of a right to collateral security and the registration of the establishment of a superficies among the instant lawsuit is unlawful as there is no benefit of each lawsuit.

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