약정금등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The registration of ownership transfer was completed in the name of the defendant B on July 30, 2004 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the non-party B, Dong-dong Co., Ltd. on March 26, 2002.
B. Meanwhile, Nonparty C completed the registration of creation of collateral security (hereinafter “instant registration of collateral security”) with respect to the instant real estate as the debtor D, E, F, Defendant B, and the maximum debt amount of 80 million won, and as the mortgagee C, Seoul Northern District Court Decision 9873 on March 13, 2006. The Plaintiff completed the registration of creation of collateral security (hereinafter “instant registration of collateral security”) as the receipt No. 40268 on August 14, 2007 by the same registry office.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The Plaintiff asserted that the transfer of contract between the Plaintiff and C on July 30, 2007 between the Plaintiff and C was made by false representation. Thus, the Plaintiff sought the same claim as stated in the purport of the claim. However, there is no evidence to acknowledge that the transfer registration of the instant right to collateral security was null and void only by the evidence submitted by the Plaintiff (the Plaintiff submitted a written withdrawal of lawsuit as of April 2, 2018, even if the statement of withdrawal was submitted as of April 2, 2018, but the Defendants did not consent thereto).
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.