증서진부확인
1. The part concerning the confirmation of the authenticity of the deed among the lawsuits in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
Basic facts are the prop of Section D, which is located on the ground of 16 lots of land (hereinafter “instant land”) including Seo-gu, Seo-gu, Daejeon, and C.
On May 27, 2011, the Plaintiff entered into an agreement with the Defendant to receive a loan of KRW 1,400,000 from the Defendant as of May 27, 2014.
(hereinafter “instant loan agreement”). On the same day, the Plaintiff, as a security for the repayment of the above loan obligation, had completed the registration of creation of a neighboring mortgage in the future of the Defendant with the maximum debt amount of KRW 1,960,000 with respect to the instant land and the building on the 6th unit of the ground.
(F) The Plaintiff filed an application for voluntary auction to the court of Justice on the basis of the instant collateral security (hereinafter referred to as the “instant collateral security”) and the instant land and buildings together with the instant land and buildings. In addition, the Plaintiff failed to perform the obligation to repay the principal and interest under the instant loan agreement. As such, the Defendant filed an application for voluntary auction to the court of Justice based on the instant collateral security (hereinafter referred to as the “instant collateral security”).
(hereinafter referred to as “instant auction procedure” with respect to the auction procedure commenced upon the Defendant’s application for voluntary auction. There were F and G tin towers in the instant real estate.
(2) On July 7, 2014, the court of execution issued an order to amend the auction procedure of this case to the Defendant, stating that “The owner of tin towers, etc. exists on the ground of the instant real estate, and submit materials verifying the owner of tin tower, etc., and if it is confirmed to be owned by the debtor, the court of execution issued an order to amend the auction procedure of this case to the effect that “if it is confirmed to be owned by the debtor,
On July 10, 2014, the Plaintiff submitted to the executing court a written confirmation (Evidence A No. 1; hereinafter “instant confirmation”) stating that “The debtor and the owner A of the E auction case confirms that there is no objection with respect to the exercise of the security interest as the principal’s ownership by the Seo-gu Daejeon Metropolitan City F and G Twit tower on the ground of Seo-gu Seoul Metropolitan City.”