근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff and the defendant are all married of C.
On February 5, 2014, the Defendant completed the registration of creation of the right to collateral security (hereinafter the instant right to collateral security) with respect to the real estate indicated in the attached list, which was owned by C (hereinafter the instant real estate), with a maximum debt amount of KRW 300,000,000, and thereafter the Plaintiff completed the registration of transfer of ownership on April 2, 2015.
At the time of the registration of the establishment of the instant right to collateral security, the Defendant completed the registration of the establishment of the right to collateral security as a joint collateral with respect to the land and ground buildings owned by Mapo-gu Seoul Metropolitan Government D (hereinafter referred to as “new real estate”). The Defendant’s right to collateral security with respect to separate real estate was cancelled on January 22, 2015,
4. 22. The transfer registration of ownership was made to E.
Grounds for Recognition: Facts without dispute, entries in Gap 1 through 3, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted by the parties that: (a) as a security on January 15, 2014, C took out a loan of KRW 180,00,000 from the bank in the name of the Defendant; and (b) upon the Defendant’s request, C took out the instant mortgage; (c) subsequently, C took full repayment of the said loan; and (d) C gave the Defendant the amount of KRW 75,00,000 out of the purchase price of the real estate sold, and therefore, C did not have any secured claim as to the instant mortgage.
As to this, the defendant asserts that C has no right to seek cancellation of the registration of creation of a mortgage of this case since C promised C to donate KRW 300,000 to all persons other than the plaintiff to 30,000,000 and established the mortgage of this case for the security, the secured claim exists, and the plaintiff has completed the registration of creation of a mortgage of this case by forging documents without permission of C
B. The right to collateral security of KRW 300,000,000 shall apply to the instant real estate and separate real estate in the name of the defendant, immediately after obtaining a loan from our bank by lending the Defendant’s name.