근저당권말소
1. The plaintiff's lawsuit against the defendant shall be dismissed.
2. The plaintiff's claim against the defendant succeeding intervenor is dismissed.
3...
1. Basic facts
A. Around March 6, 2016, the Plaintiff prepared and awarded a loan certificate (Evidence No. 8, No. 1) stating that the Plaintiff borrowed KRW 30 million to the Defendant (Evidence No. 8, No. 1).
B. On March 9, 2012, the Plaintiff registered the creation of a superficies and the establishment of a superficies on the instant land owned by the Plaintiff to secure the Plaintiff’s debt for the said loan, the Plaintiff completed the registration of the establishment of a mortgage on the instant land owned by the Defendant, including the maximum debt amount of KRW 37 million, the obligor, and the mortgagee as the Defendant.
(F) On the same day, the Plaintiff registered the creation of superficies over the instant land with superficies over the Defendant with superficies over the duration of 30 years, as to the instant land.
(No. 2420 of the receipt of the same registry office, hereinafter referred to as “the superficies of this case”).
On March 19, 2015, after the filing of the instant lawsuit, the Defendant transferred the secured debt of the instant right to collateral security and the instant right to collateral security and superficies to the Intervenor succeeding to the Defendant. On March 30, 2015, the Defendant notified the Plaintiff of the transfer of the right to collateral security and superficies, and on April 1, 2015, the notification was delivered to the Plaintiff.
On March 31, 2015, the Defendant completed each registration of transfer of the right to collateral security and superficies of this case to the Intervenor succeeding to the Defendant on March 19, 2015.
(No. 2326, 2327). [Grounds for recognition] of receipt by the same registry office; evidence No. 1 to 4; evidence No. 7 and 8; evidence No. 1 to 5; and the purport of the whole pleadings
2. The Plaintiff’s assertion and the Defendant’s successor did not lend KRW 30 million as stated in the loan certificate to the Plaintiff after deceiving the Plaintiff, allowing the Plaintiff to prepare the instant loan certificate, and the Defendant’s assertion and the Defendant’s successor completed the registration of establishment of the instant mortgage and superficies. As such, the registration must be cancelled as the registration of invalidation of cause for which the secured claim does not exist.
3. The defendant.