근저당권설정등기말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On April 201, the Plaintiff’s husband E and D entered into an investment contract with the Plaintiff to acquire and dispose of the surrounding land, including the land listed in paragraphs 2 and 3 of the attached Table No. 2 (hereinafter “land listed in paragraphs 2 and 3”), and to acquire the land listed in paragraphs 2 and 3 by investing KRW 350 million up to April 21, 201, and to acquire the land listed in paragraphs 2 and 3 in the name of D or the Plaintiff.
B. On April 21, 201, the Plaintiff borrowed KRW 360 million from the Defendant, and signed and sealed a loan agreement on each land listed in the separate sheet as collateral (hereinafter “instant land”) with a view to setting up a mortgage of KRW 360 million with respect to each of the instant land (hereinafter “instant land”).
C. Around that time, the Plaintiff borrowed KRW 190 million from C, the Defendant’s omitted, and signed and sealed the loan agreement on the loan for consumption with a view to setting up a collateral of KRW 190 million with respect to the land of KRW 20 million and KRW 3 as collateral.
On May 201, the Plaintiff borrowed KRW 210 million from C, and signed and sealed a loan agreement with a view to setting up a collateral of KRW 210 million with respect to the land of KRW 20 million as collateral.
E. On April 22, 2011, the Plaintiff completed the registration of ownership transfer made on April 21, 201 from the former owner of land Nos. 2 and 3 as the original owner on April 21, 201.
F. On April 22, 2011, as stated in the purport of the claim regarding the instant land, the registration of collateral creation was completed for the Defendant on April 22, 201, the mortgagee of the right to collateral security, the maximum debt amount of KRW 360 million.
In addition, with respect to the land Nos. 2 and 3 on the same day, the establishment registration of a mortgage-mortgager and the maximum debt amount of KRW 190 million was completed, and with respect to the land Nos. 2 and 3 on May 9, 201, the establishment registration of a mortgage-mortgager and the maximum debt amount of KRW 210 million was completed.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 13 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings.