근저당권말소등
1. The part of the lawsuit in this case regarding the cancellation of provisional seizure registration and the claim for revocation of voluntary decision on commencing auction shall be dismissed.
1. Basic facts
A. On June 201, the Plaintiff, via D, decided to borrow KRW 30 million from the Defendant as collateral each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) and delegated D with D the establishment and loan of the right to collateral security regarding the instant real estate.
B. Since then, the Plaintiff entered the Plaintiff’s name, resident registration number, address, telephone number, etc. in the loan certificate and receipt column brought by D, and delivered them to D along with the Plaintiff’s seal impression certificate and the certificate of personal seal impression and the certified copy of resident registration. At that time, D prepared a mortgage contract in the name of the Plaintiff and the Defendant with the Defendant’s cooperation.
C. On June 9, 2011, D completed the registration of creation of a neighboring mortgage on June 9, 201, which was received on the instant real estate by the Seo-gu District Court Branch Branch, 75812, which was received on June 9, 2011, and the Plaintiff, the mortgagee, and the mortgagee as the Defendant. Around that time, D issued the Defendant with the written information on the registration of the collateral security, the notice on the completion of the registration, the certificate of the Plaintiff’s personal seal impression, the copy of the resident registration, and the Defendant paid KRW 30 million to D on the same day.
Meanwhile, the Plaintiff’s seal impression is affixed to the Plaintiff’s above loan certificate and receipt issued by the Defendant, and each document is written on June 9, 201. The date of preparation of each document is written on the loan certificate. The borrowed principal is written on September 9, 201, the maturity date of payment is 30 million won, the interest is 30% per month, and the joint and several sureties, and D is written on the receipt.
E. The Defendant filed an application for provisional seizure of the instant real estate with the Daegu District Court Branch 2017Kadan757, where the Plaintiff and D did not repay the said loan at the time, and the provisional seizure registration for the said real estate was completed on April 7, 2017 by the court’s order of provisional seizure.