근저당권말소
1. The Plaintiff:
A. As to the share of 1/2 of the real estate listed in the separate sheet, Defendant Siner Underground Co., Ltd.
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, 4, 5, 6, and 7 and the entire purport of the pleadings:
The Plaintiff and B are co-owners of the pertinent building that completed the registration of ownership transfer on September 1, 2008, with respect to shares of 1/2 of the real estate listed in the separate sheet (hereinafter “instant building”).
B. As to the instant building, the Plaintiff and B entered into a lease agreement with the Defendant, the Plaintiff, from June 16, 2009 to June 15, 201, setting the lease term of KRW 10,000,000, monthly rent of KRW 500,000, from June 16, 2009.
(hereinafter referred to as “the lease of this case”) C.
In order to secure the claim for the refund of the lease deposit under the lease of this case by Defendant Shump Underground Co., Ltd., the Plaintiff completed the registration of the establishment of a neighboring mortgage as determined by the Seoul Western District Court No. 27944, Jun. 16, 2009, with respect to the share of 1/2 of the instant building, which is one’s own share, under the Seoul Western District Court’s receipt of June 16, 2009.
(hereinafter referred to as the “mortgage” of this case, which was established upon the registration of the establishment of a neighboring mortgage.
On January 31, 2012, the Plaintiff paid 10,000,000 won of the lease deposit of this case to ELC Co., Ltd. upon the request of the Defendant Siner Underground Co., Ltd., thereby fulfilling the obligation to refund the lease deposit.
E. On October 10, 2013, the Maban Office affiliated with the Defendant Republic of Korea seized the secured debt of the instant mortgage on October 14, 2013, and the registration of the said seizure was completed on October 14 of the same year.
2. According to the facts of the above determination, the Plaintiff, the secured debt of the instant right to collateral security, was extinguished on January 31, 2012 by repayment, and accordingly, the said right to collateral security has expired. Accordingly, Defendant Siner Underground Co., Ltd., the Plaintiff.