근저당권말소
1. The Defendants received KRW 8 million from D, and then paid the Plaintiff the amount of KRW 26m2 in Seongdong-gu Seoul.
1. According to the reasoning of evidence No. 1, the Seoul Seongdong-gu Seoul Seongdong-gu District Court’s registration and No. 1291, Jan. 12, 2010, with respect to the land of this case owned by the Plaintiff, the fact that each registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) covering KRW 75 million each of the obligor D, the Defendants of collateral security holders, and the maximum debt amount (hereinafter “registration of creation of each of the instant lands”) has been completed can be acknowledged.
2. The parties' assertion
A. The Plaintiff’s assertion D, under the name of F, his father and wife, joined the 5th and 22 units of account in the number fraternity operated by G on September 22, 2009. The above number fraternity was paid KRW 400,000 per month before receiving the fraternity with the limit of KRW 100,000 per month, and KRW 4.5 million per month after receiving the fraternity. The Plaintiff’s assertion D paid KRW 32,00,000 per month with the deposit of KRW 8 million for four months. On January 2, 2010, H transferred the position of care from G, and transferred the registration of the establishment of the mortgage to the Defendants’ KRW 32,00,000,000 per month by changing the deposit amount of KRW 2,00,000,000 to one unit of account, and there was no additional relation between D and D with each of the Defendants to pay the said KRW 1,300,000,00 per month,000.
Even if D is the actual creditor of H, the total amount of KRW 71 million was paid from January 23, 2010 to April 1, 2011, and the secured obligation was extinguished. Therefore, the Defendants are obligated to cancel the registration of creation of each of the instant mortgages.