근저당권설정등기말소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the acceptance of the judgment of the court of first instance are as follows: “The plaintiff is about May 10, 2015,” “the plaintiff is about May 10, 2015,” “the plaintiff’s claim on May 10, 2016,” “the plaintiff’s claim on May 10, 2016,” “the plaintiff’s claim on February 2, 18,” “the plaintiff’s claim on this part,” “the plaintiff’s claim on this part,” and “the defendant’s assertion on this part,” respectively, and the defendant’s assertion that
2. Except for the addition of "additional decision", it is identical to the reasons for the judgment of the first instance, thereby citing it as it is by the main sentence of Article 420 of the Civil Procedure
2. Additional determination
A. (1) The Plaintiffs and the Defendant agreed to change the monthly rent contract for about 30 square meters among the instant land into the entire land of the instant case on March 3, 2014, and the Plaintiffs agreed to change the object of the lease contract into the entire land of the instant case. On September 2015, the Plaintiffs had the obligation to pay the Defendant the deposit for the advance payment of the deposit by constructing a temporary installation on the instant land and preventing the Defendant from using and making profits from the instant land subject to the lease contract. The Plaintiffs had the obligation to pay the Defendant the delayed payment amount of KRW 14,205,479 from September 22, 2015, and the deposit made by the Plaintiffs is not effective as a deposit of part of the obligation.
(2) As long as the Plaintiffs did not reimburse KRW 2,027,00 for the execution cost incurred by the Defendant by filing an application for voluntary auction against the instant land, the deposit made by the Plaintiffs is invalid as part of the obligation.
B. As to the claim of damages for delay, the facts that the Plaintiffs and the Defendant changed the monthly rent contract on about 30 square meters among the instant land into a deposit of KRW 170 million and a one-year lease contract (hereinafter “the lease contract of this case”) for the period of 10,000,000,000,000,000,000 won are as above. According to each of the statements in Articles 3 and 87, according to the lease contract of this case, the object area is indicated as “79.6 square meters of land” and the receipts prepared by the Plaintiff.