근저당권설정등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff alleged that the registration of establishment of a mortgage of this case was completed even though he did not bear a direct obligation against the defendant, but the registration of establishment of a mortgage of this case against the debtor and the defendant was completed. The registration of establishment of a mortgage of this case should be cancelled because it falls under the registration of invalidation without cause where the secured obligation of this case differs.
2. Determination
A. The facts of recognition 1) On June 20, 2005, the defendant lent to Nonparty C, who is the husband of the plaintiff, KRW 500,000,000 on June 20, 200, KRW 500,000 on July 19, 2005, KRW 19,000 on October 19, 2005, KRW 50,000 on October 25, 2005, and KRW 50,000 on December 20, 205, the defendant and C agreed on December 20, 200 on November 21, 2006, including interest, KRW 20,000,000 on the principal of the loan, and KRW 1,350,000,000 on July 19, 200, the remainder was paid in cash, and KRW 3005,000 on December 20, 200.
3) After the agreement between the Defendant and C on November 22, 2006, the Defendant and the Plaintiff concluded a mortgage agreement with the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of KRW 1,200,00,000 to establish the mortgage on the real estate indicated in the attached list, and accordingly, the establishment registration of the mortgage of this case was completed (the Plaintiff, despite the Defendant agreed on the establishment of the mortgage to which C is the obligor, was completed the establishment registration of the mortgage of this case to which the Plaintiff was the obligor without any authority. However, as seen earlier, insofar as the establishment registration of the mortgage of this case was completed, it is presumed that the said mortgage agreement was concluded between the Plaintiff and the Defendant, and that the Defendant acquired the mortgage of this case, and there is no evidence to reverse the said presumption. Therefore, the Plaintiff’s above assertion is without merit.
4) The Defendant is liable for KRW 1,200,000 against the Defendant, who is the husband of the Plaintiff, to the Dong branch of Busan District Court.