근저당권말소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 4, and 5 (including each number; hereinafter the same shall apply) and evidence Nos. 3-1, either as a whole of the pleadings.
The plaintiff is a company running non-life insurance business such as guarantee insurance.
B. The Chungcheong Housing Co., Ltd. (hereinafter “BB”) owns each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
C. On January 21, 1992, the establishment registration was completed with respect to each of the instant real estate by the debtor H, the mortgagee F, B, and the maximum debt amount of 90 million won, under Article 2304, which was received by the Dongdaemun-gu Registry of this Court.
(hereinafter “instant collateral security”). D.
The plaintiff filed a lawsuit against Chungcheong Housing with the Seoul Central District Court 2007Da278728, Oct. 10, 2007. The above court rendered a judgment of 11.5% per annum from December 16, 1992 to January 14, 1993; 5,497,920 won to 10.5% per annum from the date following the date of February 27, 1993 to the date of repayment; 21% per annum from the following day to February 28, 193 to the date of repayment; 3,801,894 won to the plaintiff; 11.5% per annum from the date of repayment to the date of February 16, 1993 to the date of repayment; 20% per annum from the date following the date to the date of February 28, 1993 to the date of repayment; 19% per annum from the date to 16.19% per annum from the date of December 19, 197.
E. The F died on April 14, 2010 (hereinafter “the network F”), Defendant C, D, and E are co-inheritorss with their children.
2. The assertion and judgment
A. The gist of the parties’ assertion is that the secured debt in the instant case between Plaintiff 1’s network F and B is null and void because it did not exist or it was caused by a false representation of the conspiracy. In household affairs, the instant secured mortgage is deemed null and void.