근저당권말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. On December 20, 2013, the Plaintiff’s assertion C: (a) borrowed KRW 70 million from E (the death of August 22, 2016) from the Defendant, the spouse of E, and provided the Plaintiff with a loan certificate stating that he/she borrowed KRW 160 million from the Defendant, the spouse of E (hereinafter “the instant loan certificate”); and (b) accordingly, the Plaintiff completed the registration of creation of the instant mortgage by the obligor, C, and the mortgagee for each of the instant real estate owned by the Plaintiff.
Therefore, even if the real right to real estate E was held under title in the future of the defendant or the holder of the right to collateral security (the defendant) is deemed null and void as the right to collateral security in the name of a third party other than the actual creditor (E) (hereinafter referred to as the "principal"), even if the defendant is deemed a legitimate mortgagee, since a monetary loan agreement which caused the creation of the right to collateral security in this case was null and void as it was concluded by C with the defendant in collusion with the defendant, and thus, the right to collateral security in this case is also null and void (hereinafter referred to as the "B principal"), and the instant right to collateral security in this case was terminated by deceiving the plaintiff in collusion with C or E, and since the plaintiff revoked his intention to create the right to collateral security, the defendant is liable to implement the procedure for cancellation registration of cancellation registration of the right
(hereinafter referred to as the “Chapter 3”) 2. Judgment
(a) (1) In general, a party to a contract is a matter of interpretation of the intent of the party involved in the contract.
The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and in the event that the contents of any contract are written between the parties as a disposal document, it shall not be cited in the phrase used in the document, but it shall be limited to the internal intention of the parties regardless of its in