저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 11, 2005, the Plaintiff and the Defendant agreed to set up a collateral on the automobiles listed in the separate sheet owned by the Plaintiff (hereinafter “instant automobiles”) and to borrow money from the Defendant, but did not borrow money from the Defendant. As such, the Plaintiff asserted that registration of setting up a collateral security (hereinafter “registration of this case”) stated in the purport of the claim should be cancelled because there was no collateral obligation.
On July 21, 2003, 200, 100,000 won was remitted by the Plaintiff, his father, who was his husband, to purchase the instant vehicle, and on April 29, 2004, D bears the Defendant’s obligation of KRW 3 million. On the other hand, around May 2005, the Plaintiff, D, and the Defendant agreed to register the establishment of a collateral security right with KRW 1.5 million out of D’s obligation, and the Plaintiff agreed to register the establishment of the collateral security right with KRW 1.5 million out of D’s obligation, and on May 11, 2005, it can be recognized that the Plaintiff, the father, and D attended the collateral security right and registered the collateral security right. According to the above fact that D had the aforementioned obligation of KRW 3 million.
(3) The court below held that the plaintiff's claim is without merit and is dismissed as it is so decided as per Disposition by the assent of all participating Justices on December 13, 2008. However, the court below held that the plaintiff's claim is without merit, since the plaintiff's claim is without merit.