근저당권말소
1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. Summary of the parties' arguments
A. Although the Plaintiff’s assertion that the secured claim of the instant right to collateral security (hereinafter “the secured claim of this case”) did not actually exist, C and the Defendants completed the registration of establishment of the instant collateral security by means of a false representation of agreement. Even if not, C and the Defendants were to have completed the registration of establishment of the instant collateral security by payment in lieu of the land of this case to the Defendants.
In addition, the secured claim of this case was extinguished by prescription.
Therefore, the subject matter of the claim for cancellation registration is the claim for cancellation registration, and that is, the cause of the claim for cancellation registration, which is the standard for identifying its identity, is the invalidation of the cause of registration. Therefore, individual grounds supporting the invalidity of cause of registration, are merely independent means of attack and defense, which support the invalidity of cause of registration.
(see, e.g., Supreme Court Decision 2011Da24340, Jun. 30, 2011). The Defendants have to implement C the procedure for registration of cancellation of the instant mortgage.
(The plaintiff is a creditor against C, and the plaintiff is acting in subrogation of C's right to claim cancellation of registration against the Defendants.
The Defendants asserted that they actually lent business funds to C, that is, established the instant mortgage in order to secure the secured debt of the instant case, and completed provisional registration (hereinafter “provisional registration of this case”) with the agreement to be partially transferred under the pretext of payment in lieu of payment in lieu of payment in part of the amount.
The occurrence of the secured claim of this case and the establishment of the right to collateral security cannot be seen as false declaration of agreement.