근저당권말소등기
1. The defendant received KRW 100,000,000 from the plaintiff and then acquired real estate stated in the attached list from the plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2 and 3:
On July 7, 2005, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. As to the instant real estate on March 27, 2007, the Plaintiff completed the registration of creation of a mortgage on the part of the Defendant, the maximum debt amount of KRW 100 million, B who is the Plaintiff’s husband, and the Defendant, a mortgagee.
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) 2. Determination on the Plaintiff’s claim
A. The Plaintiff asserted that, on October 22, 2015, the Plaintiff, a surety, deposited the maximum debt amount of KRW 100 million with respect to the establishment registration of the instant mortgage on October 22, 2015, the Defendant is obligated to cancel the establishment registration of the instant neighboring mortgage.
B. If a person who has pledged the right to collateral security pays only the maximum amount of the claim stipulated in Article 357 of the Civil Act, the person who has pledged the right to collateral security may request the cancellation of the establishment of the right to collateral security and is not obliged
(2) In the instant case, there is no evidence to acknowledge that the Plaintiff deposited KRW 100 million with the maximum amount of claims for the registration of the establishment of the instant neighboring property on October 22, 2015. Rather, the Defendant supplied B with bath goods, such as water charging tools, etc. from May 2005; ② the establishment registration of the instant mortgage to secure the Defendant’s claim against B was completed; ③ the Plaintiff’s agent deposited KRW 105,72,260 on October 22, 2015; ④ the Defendant filed a lawsuit against B for the claim for the purchase of goods under Seoul Central District Court Decision 2015Ga248555, Apr. 14, 2016; ⑤ the Defendant deposited the amount of claims against B as the Plaintiff’s agent on July 13, 2015; and ④ the Plaintiff deposited the amount of claims against B as the basis of the amount of claims against B’s agent on May 25, 2015.