근저당권일부이전등기 말소등기
1. The Defendants, on February 22, 1992, shall provide the Plaintiff with regard to each real estate listed in the separate sheet.
1. Basic facts
A. On February 22, 1992, the Plaintiff completed the registration of establishment of a neighboring mortgage (hereinafter “mortgage”) with respect to each real estate indicated in the separate sheet as indicated in the separate sheet as of the Daegu District Court’s Branch, as of the registration and receipt of the support and the maximum debt amount of KRW 500,000,000, the debtor, the mortgagee, and the mortgagee H.
B. On April 23, 1996, G received a claim attachment and assignment order (hereinafter “instant assignment order”) against the Plaintiff of Daegu District Court Hu, Daegu District Court I, and JJ regarding KRW 240,106,849, out of the secured debt of the instant right to collateral security against the Plaintiff. The above attachment and assignment order was served on the Plaintiff around that time. On May 10, 1996, as to each real estate indicated in the separate sheet, the additional registration of partial transfer of collateral security amounting to KRW 240,106,849 was completed.
C. G died on January 12, 2017, and G’s heir is the Defendants.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff did not lend money to H, but completed the instant mortgage concerning each real estate stated in the separate sheet, and therefore, the secured obligation of the instant mortgage does not exist.
The deceased G completed additional registration of partial transfer of the right to collateral security on the part of KRW 240,106,849, based on the assignment order of this case, based on the assignment order of this case. However, the assignment order constitutes null and void since the entire claim is nonexistent. It constitutes an additional registration of partial transfer of the right to collateral security, which was made based on an invalid assignment order, also constitutes null and void.
Therefore, the Defendants, the heir of the network G, are obligated to perform the cancellation registration procedure for the part of KRW 240,106,839, which has been partially transferred to the network G out of the instant collateral security.
3. According to the reasoning of the judgment, Gap evidence No. 2 and all pleadings, the plaintiff became the H name.