근저당권말소
1. As to the Plaintiff’s share of one half of the real estate listed in the attached list of real estate.
1. The following facts may be acknowledged by integrating the whole purport of the pleadings in each entry in Gap evidence 1-1 to 4:
On April 16, 1986, the Plaintiff completed the registration of ownership transfer with respect to one half of the shares in the attached real estate list (hereinafter “instant real estate”).
B. As to the instant real estate on the same day, Defendant B completed the registration of creation of a neighboring mortgage for the debtor as the receipt of the registration office of the Gwangju District Court No. 10968, the maximum debt amount of KRW 150,000,000, and the debtor as the Plaintiff (hereinafter “registration of establishment of a neighboring mortgage”).
C. On January 15, 2015, the Seoul Central District Court attached the collateral security right claim of the instant registration of the establishment of a neighboring mortgage by the Seoul Central District Court 2014TTTT 36261. Accordingly, the registration of the attachment was completed on the instant real estate.
2. Determination
A. The gist of the assertion argues that, although the registration of the establishment of the establishment of the establishment of the instant nearby mortgage was completed to secure the credit payment for the goods, there was no occurrence of the credit (if any occurrence occurred, the expiration of the prescription period) and there was no secured claim for the establishment of the establishment of the instant neighboring mortgage, Defendant B is obligated to perform the registration procedure for the cancellation of the establishment of the instant neighboring mortgage, and Defendant UNby loan limited liability company is obligated to express its consent.
As to this, Defendant B asserts to the effect that the credit debt exists.
B. (1) Determination is based on: (a) a mortgage created by setting only the maximum amount of the debt to be secured; and (b) reserving the determination of the debt in the future; and (c) a security right created to secure a certain range of unspecified claims arising from a continuous transaction; and (d) a secured claim of the right to collateral security, separate from the act of establishing the right to collateral security,