근저당권말소
1. The part of the claim for the confirmation of the existence of an obligation among the lawsuits in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. The Plaintiff borrowed money from D and completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with respect to the size of 37 square meters in Ansan-si, Dong-si, Seoul Special Metropolitan City District Court on July 5, 2010 on the ground of a collateral security contract as of July 5, 2010, No. 20888, which was received on July 5, 2010, the maximum debt amount of 12 million won was registered.
On August 21, 2010, the Plaintiff borrowed eight million won from D at the rate of 3.5% per month.
B. On November 18, 2011, the instant right to collateral security was completed in addition to the Defendant’s future registration of collateral security transfer on the same day.
[Ground] Evidence Nos. 1, 1, 2, witness D's testimony, the purpose of the whole pleadings
2. Determination
A. The Plaintiff asserted that the Plaintiff repaid all of the secured debt of the instant case to E account designated by D after borrowing money from D, and D did not have any fact that the instant secured debt and the secured debt were transferred to the Defendant.
Therefore, it is confirmed that there is no debt stated in the attached list, and the registration of the establishment of the mortgage of this case should be cancelled.
B. The lawsuit seeking confirmation of the part of the claim for confirmation of the existence of a debt among the instant lawsuit is permissible when the Plaintiff’s right or legal status is currently unstable or dangerous and the judgment of confirmation is rendered is the most effective and appropriate means to fundamentally resolve the dispute. In addition, when the mortgagee seeks confirmation of the absence of a secured obligation based on the contract to establish a mortgage and seeks cancellation of the registration of the establishment of a mortgage, the right to seek cancellation of the registration of the establishment of a mortgage on the ground that the secured obligation does not exist in the case of seeking cancellation of the registration of the establishment of a mortgage, the right to seek confirmation of the establishment of a mortgage on the ground that the secured obligation does not exist effectively and appropriately, and thus, the right to