대여금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Of the judgment of the court of first instance, the judgment of the court of first instance is deemed to have been rendered.
1. The reasoning for the court’s explanation concerning the instant case is as follows: (a) the 2nd 2nd 20th Ma in the judgment of the first instance court is as follows; (b) the 6th 8th h 8th h h h “the maximum amount of the right to collateral security”; and (c) the 7th 20th h h 20 “ January 3, 2015” as “the maximum amount of the right to collateral security”; and (d) the 7th h 17th h h 17th h h h h h h h h h h h h h h h h h h h h h h h h h
2. Additional matters to be determined;
A. As to the Defendant’s assertion that there was no consent from a third party with an interest in the registration, the registration of cancellation of the registration of the establishment of a neighboring mortgage on April 30, 2012 (hereinafter “registration of cancellation”) was completed with respect to the instant mortgaged real estate, the maximum debt amount of KRW 638,300,000,00.
As to the instant secured real estate 112, the registration of the alteration of the right to collateral security (hereinafter “registration of alteration of the instant case”) with the content of changing the maximum debt amount to KRW 439,400,000,000 is completed.
A) The registration of cancellation and alteration in the instant case constitutes a third party who has an interest in the registration of cancellation and alteration. The Plaintiff and C completed the registration of cancellation and alteration in the instant case without the Defendant’s consent. Therefore, registration of cancellation and alteration in the instant case is null and void, and the Defendant is not obligated to pay the Plaintiff obligations under the instant loan contract after April 30, 2012. (2) The issue of whether a third party is a party having an interest in the registration of cancellation or alteration in the right is determined by the registration of cancellation or alteration in the form of registration. Therefore, the Defendant, the principal debtor of the instant loan contract, is the principal debtor of the instant case.