근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff alleged that he lent KRW 25 million from C with gambling funds, and completed the registration of establishment of a mortgage on the real estate in this case owned by the plaintiff, which was the defendant, and the act of establishing a mortgage is null and void as a juristic act against social order. Thus, the defendant is obligated to implement the procedure for registration of cancellation of the registration of establishment of a mortgage on the real estate in this case, which was completed with respect to the real estate in this case.
2. The judgment of the court below is insufficient to acknowledge the fact that the loan obligation of this case was an gambling debt, and there is no other evidence to acknowledge it. Rather, according to the overall purport of the statements and arguments in the evidence Nos. 1 through 3 of this case, D, the husband of the defendant, lent KRW 27.9 million to C from May 2014 to November 29, 2014; C, around December 2014, lent the amount of KRW 30 million to the plaintiff; C, the creditor and the amount of the loan were delivered with a public loan loan certificate to the plaintiff; C, the loan obligation of this case to the plaintiff for the repayment of the loan; and on December 16, 2014, the plaintiff concluded a mortgage establishment agreement between the defendant and the defendant as to the real estate of this case and the defendant as the maximum debt amount of the loan amount of this case, and therefore, the plaintiff's assertion that the mortgage establishment contract of this case was concluded directly between the defendant and the defendant and the defendant is without merit.
3. Accordingly, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.