근저당권말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On November 6, 200, the Defendant developed the land of Pyeongtaek-si E-ri as a housing site, and purchased approximately KRW 365 square meters ($ 1,206 square meters) out of the above land as KRW 350,000 per square meter from D who sold it.
On January 8, 2001, the part of the land purchased by the Defendant was divided into 1,029 square meters in Pyeongtaek-si F-si, and the registration of ownership transfer was completed in the name of the Defendant.
B. On the other hand, on March 22, 2001, the registration of transfer of ownership was completed on the land of 1,168 square meters in Pyeongtaek-si prior to subdivision (hereinafter “the land prior to subdivision”).
C. On September 15, 2003, each registration of ownership transfer was completed on the land before subdivision in the name of the plaintiff from J on September 15, 2003.
On June 18, 2004, the land before subdivision was divided into 909 square meters per 1,000 square meters (hereinafter “I land”) and C 259 square meters per 1,000 square meters (hereinafter “instant land”).
E. As to ① the share of KRW 60/259 out of the instant land, the registration of creation of a neighboring mortgage of KRW 36,000 on July 4, 2006, the debtor, the mortgagee, K, the maximum debt amount, KRW 36,00,00, and ② As to the share of KRW 13/259 out of the instant land (hereinafter “share”), the registration of creation of a neighboring mortgage of KRW 60,000 was completed on the same day.
In addition, on July 3, 2006, the establishment registration of the mortgage of the debtor, the mortgagee, the defendant, the maximum debt amount of 74,000,000 won was completed on July 3, 2006 with respect to the share of 162/259 square meters out of Pyeongtaek-si G 259 square meters.
F. Since January 6, 2017, the registration of ownership transfer was completed on November 5, 2016 in the name of the Plaintiff from the Plaintiff on January 6, 2017 under the name of H.
G. Meanwhile, with respect to the share of 60/259 out of the instant land, ① the registration of cancellation of the registration of the establishment of a nearby K on June 1, 2012 was completed on March 10, 2017, and ② the registration of partial transfer of ownership was completed on March 24, 2017 under M’s name.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2-2, 4, 9, 10 each.