근저당권말소
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. The plaintiff filed a claim against the defendant for the cancellation of the registration of creation of each collateral on the real estate Nos. 1 through 4 as the principal lawsuit, and the defendant filed a claim against the plaintiff for the return of unjust enrichment on the real estate No. 1, 2, and 4 as the counterclaim, ② the claim for the confirmation of ownership and the cancellation of registration of preservation of ownership on the real estate No. 5, ③ the claim for rent for the real estate No. 1, 2, 4, and 5, ③ the claim for the cancellation of registration of preservation of ownership on the real estate No. 5, and ② the claim for the return of unjust enrichment
The first instance court dismissed all the claims on the principal lawsuit, dismissed all the claims on the ownership of the fifth real estate among the counterclaims, and accepted all the remaining main claims on the counterclaims.
Therefore, since only the plaintiff appealed against the claim for cancellation of registration of preservation of ownership of the fifth real estate during the counterclaim, the scope of the judgment in this case is limited to the main and ancillary claims.
2. Basic facts
A. The representative C is the defendant's female life.
B. As to the immovable property 1 through 4, the registration of ownership transfer was completed under the Plaintiff’s name on January 22, 2008 under the name of the Plaintiff on March 24, 2008. On the same day, the registration of ownership transfer was completed under the name of the Defendant of the mortgagee as the maximum debt amount of KRW 400,000,000.
C. On December 12, 201, registration of ownership preservation was completed in the Plaintiff’s name with respect to 5 real estate. D.
With respect to the 1, 2, 4, and 5 immovable property, on December 12, 2011, the registration of creation of the right to collateral security was completed in the name of the mortgagee D (her husband of the plaintiff) with the maximum debt amount of KRW 400,000,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
3. Request for the cancellation of registration of preservation of ownership of the fifth real estate;
A. The Defendant 5’s assertion by the parties was owned by the Defendant, which was newly constructed by the Defendant at the expense of the Defendant, and the Plaintiff was entrusted with the name of the Plaintiff.
Therefore, it is true.