근저당권말소
1. The Plaintiff (Counterclaim Defendant) pays KRW 25,000,000 to the Defendant (Counterclaim Plaintiff).
2. The principal lawsuit of the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The fact that the registration of creation of each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estates”) was completed on November 17, 199 by the Chuncheon District Court, the Seocheon District Court received on November 17, 199 from the 5645 registry office, and the registration of creation of each of the collective security holders as the obligor, the Plaintiff, and the mortgagee as the Defendant (hereinafter “registration of creation of each of the instant collective security holders”) did not conflict between the parties, or can be acknowledged according to the evidence A No. 1-1 and 2.
2. The parties' assertion
A. The Plaintiff’s assertion 1) The registration of creation of a new collateral security in the instant case was established in the name of the Defendant in preparation for the Plaintiff’s non-performance of obligation and the Plaintiff’s establishment of a false collateral security right in response to the entry of compulsory execution from creditors, and the registration certificate and other related documents must also be kept by the Plaintiff. The Defendant asserted that the Plaintiff lent KRW 25 million to the Plaintiff at the time of the following. However, there was only the fact that the Defendant, while acting as a broker for lending the said money to C at the time of the establishment, the Plaintiff received money from the Plaintiff and delivered the said money to C, and there was no money borrowed from the Defendant, and the said money and the registration of establishment of a new collateral
3) Even if there is a debt secured by the establishment registration of each of the instant mortgages on household affairs, since the extinctive prescription expired and the debt secured by the establishment registration of each of the instant mortgages, the establishment registration of each of the instant mortgages should be cancelled. (B) The Defendant, around November 5, 1998, lent the loan to the Plaintiff at KRW 500,000 per month with the interest of KRW 25 million.
The plaintiff asserts that the defendant lent to C, but this is the defendant lent to C 25 million won borrowed from the plaintiff.
2. However, after August 199, the Defendant did not pay interest, and the Plaintiff did not pay interest on each of the instant real estate.