근저당권설정등기말소
1. The defendant shall provide the plaintiff with the Busan District Court's branch with respect to the real estate stated in the attached list No. 3.
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 8, and 10 (including paper numbers) by reference to the whole purport of the pleadings.
The Plaintiff received the real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter referred to as “D real estate”) from the Busan District Court in the voluntary auction procedure conducted to Dong branch C of Busan District Court for KRW 32,300,000,000, and paid the price in full and completed the registration of ownership transfer on the same day.
B. The Plaintiff received each real estate listed in paragraphs 1 and 2 of the attached Table 1 (hereinafter “F real estate”) from the Busan District Court for KRW 93,939,000 in the voluntary auction procedure, and paid the price in full on January 23, 2015, and completed the registration of ownership transfer on the same day.
C. As to D real estate, on July 23, 2015, the registration of creation of the right to collateral security (hereinafter “mortgage 1”) created by the Plaintiff and the mortgagee G with respect to D real estate was completed as Busan District Court No. 56646, Jun. 19, 2015 on the ground that the contract was concluded on June 19, 2015.
F Concerning each real estate of F, the registration of creation of the right to collateral security (studio-mortgage and joint collateral security; hereinafter “second collateral security”) created between the Plaintiff and the mortgagee G was made on July 27, 2015 by the Busan District Court No. 52411, Jun. 19, 2015 on the ground that the registration of creation of the right to collateral security (studio-mortgage and joint collateral security; hereinafter “second collateral security”).
E. On March 10, 2016, the Defendant transferred the first and second collateral mortgages (hereinafter “each of the instant collateral mortgages”) from G, and completed the supplementary registration prior to each of the instant collateral mortgages on March 11, 2016.
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion (1) Each of the instant collateral security rights ought to be cancelled due to the Plaintiff’s husband’s arbitrary establishment of H without the Plaintiff’s consent or consent.
Even if not, the secured claim of each of the instant mortgages is satisfied.