근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The registration of transfer of ownership in the name of D on April 15, 2009 with respect to the land prior to the subdivision on September 16, 2009 with respect to the land prior to the subdivision on the basis of the fact that: (a) on the land prior to the subdivision on September 16, 2009, the registration of transfer of ownership in the name of E was completed; (b) on the land prior to the subdivision on October 12, 2010, the registration of transfer of ownership in the name of F on the land prior to the subdivision on October 12, 2010 was completed; (c) on the same day, F’s share was registered with respect to the said co-ownership at KRW 120,00,000; and (d) on the same day, the registration of establishment of ownership in the name of the debtor, F-mortgage, and mortgagee as the defendant (hereinafter “the registration of establishment of ownership in the instant case”); (d) on the land prior to subdivision on the entire name of G121 and the co-owned shares after the subdivision on June 217,
2. Determination on the cause of the claim
A. Since the land alleged by the Plaintiff after the division was owned solely by E due to the partition of co-owned property on November 22, 2011, the establishment registration of the instant neighboring land established as to F’s co-ownership should be cancelled due to the invalidity of the cause.
B. The security right, such as the right to collateral security established on the shares of Gap among the joint real estate owned by Eul and Eul, exists on the whole co-owned property according to the previous shares ratio, even after the co-owned property becomes a co-owned property, unless otherwise agreed by the special group, and it is not naturally concentrated on the part that was divided in the future as the person who created the right to collateral security (see, e.g., Supreme Court Decision 88Meu24868, Aug. 8, 1989). The land prior to the division of this case after the division