근저당권말소
1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts
A. As to each real estate listed in the separate sheet, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) consisting of the Plaintiff and the maximum debt amount, as the Cheongju District Court No. 14683, Dec. 10, 2002, which was received on December 10, 2002.
B. On May 14, 2015, G succeeded to G’s property by Defendant C, E, F, and B, the wife, Defendant C, and children.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 15, the purport of the whole pleadings
2. The Plaintiff’s assertion as to the cause of the claim was jointly operated by G and gas station in around 2002. The Plaintiff completed the registration of the establishment of the establishment of the neighboring mortgage of this case to G in order to prevent the Plaintiff’s property from being forced if the business was failed. The foregoing registration of the establishment of the neighboring mortgage is null and void by a false agreement with which there is no secured claim.
Even if the right to collateral security does not become null and void due to false representation in conspiracy, the extinctive prescription is completed since the secured claim of the instant right to collateral security has not been exercised for ten years or more, so the registration of establishment of the instant right should be cancelled.
3. Determination
A. On December 7, 2002, the Plaintiff and G concluded a contract to establish the instant mortgage. The Plaintiff agreed to secure all the obligations that may be present or future to G within the scope of the maximum debt amount. 2) G filed a lawsuit against the Plaintiff, as Daejeon District Court Decision 2007Gahap12481, against the Plaintiff, including the loan, etc.
On December 1, 201, the appellate court of the instant case, the Daejeon High Court rendered a judgment ordering G to pay a total of KRW 3.4 billion to the Plaintiff on 17 occasions from November 9, 2002 to January 22, 2006, on the ground that “G lent a total of KRW 3.4 billion to the Plaintiff, and the remaining loan remaining after deducting the value of the real estate received in payment in kind by G is KRW 898,660,405, which is KRW 898,660,405, and damages for delay.”