근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff or the Plaintiff’s spouse (hereinafter “instant real estate”) was registered as a collateral security (hereinafter “instant collateral security”) under the Busan District Court’s Busan District Court’s Busan District Court’s Branch Office No. 38736, Dec. 9, 2013 on the ground of a contract establishing the right to collateral security (hereinafter “instant collateral security”) with respect to each of the instant real estate (the Plaintiff’s ownership share of 1010/10,000 of the Plaintiff’s share), the maximum debt amount of which is KRW 40 million, and the mortgagee as the Defendant on December 6, 2013, with respect to each of the instant real estate owned by the Plaintiff or the Plaintiff’s spouse (hereinafter “instant real estate”). It is recognized by each of the descriptions set forth in the evidence A No. 1
2. The plaintiff's assertion
A. The Plaintiff did not conclude the instant mortgage contract with the Defendant, and registered the instant mortgage establishment at will by using the Plaintiff’s certificate of seal impression, etc., which was received by the Defendant to apply for a loan under the name of a corporation that agreed to conduct the business with the Plaintiff.
B. The secured obligation of the instant right to collateral security is not the obligation owed by the Plaintiff to the Defendant, but the obligation against the investors attracting the Defendant to invest in the production of prototypes.
Therefore, the plaintiff is responsible for the remaining defendant's investment amounting to KRW 30 million, excluding KRW 5 million used for private purposes, in accordance with the ratio of profit and loss distribution among the plaintiff and the defendant's business in accordance with the ratio of profit and loss distribution to 30%.
C. The Defendant agreed to cancel the registration of the establishment of the instant mortgage.
Therefore, the registration of establishment of the instant right to collateral security should be cancelled due to the invalidity of the cause, or should be cancelled according to the extinction or agreement of the secured obligation.
3. The instant collateral security is invalid or the secured obligation was extinguished solely with the testimony of evidence Nos. 1 to 5 (including each number) and witness E
It is insufficient to recognize that the agreement to cancel the right to collateral security has been reached, and there is no other evidence to acknowledge it.
Rather, Eul Nos. 1, 2, and .