근저당권말소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 26, 2011, the Plaintiff entered into a sales contract with H on the land I, J, and K (hereinafter “instant land before the instant subdivision”) prior to the instant subdivision, and completed the registration of ownership transfer on the land before the instant subdivision.
B. On December 25, 2011, the Plaintiff agreed to borrow KRW 250 million from the Defendants at an annual interest rate of 36%, and agreed to the Defendants to set up a right to collateral security on the land before the instant partition.
C. On December 26, 2011, around 15:55, the Defendants: (a) determined the land before the instant partition as KRW 375 million with respect to the Plaintiff, the Defendants, the mortgagee, and the maximum debt amount; and (b) received the registration of creation of each collateral security (hereinafter “instant collateral security”) from the Daejeon District Court on December 26, 201, as the receipt of the registration of creation of a new collateral security (hereinafter “instant collateral security”) around December 26, 201.
On the other hand, among the land before the instant partition, I was divided into L, M, and N on January 9, 2013, and the said divided L was divided into I, L, and N on April 3, 2014.
Of the land before the instant partition, K was divided into K,O, and P on April 20, 2012.
Of the land before the instant partition, the J was divided into Q, R, S, T, Q divided into Q, Q, U on September 13, 2012, and U on October 4, 2012, the said divided U was divided into U, V, W, X, and the said divided U was divided into U,Y, and Z on January 12, 2015.
[Reasons for Recognition: Evidence Nos. 1, 4, 12, 28, 38, and Evidence No. 1, 1, 4, 28, 38, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The main points of the Plaintiff’s assertion are as follows: (i) the Defendants’ main points of the Plaintiff’s assertion were to lend KRW 250 million out of the purchase price of the land before the instant partition to the Plaintiff.
On December 25, 2011, at the request of AA, the Plaintiff agreed to set up a right to collateral security to secure the above loan on the land prior to the instant partition with the Defendants, and made the instant right to collateral security on December 26, 201.
Nevertheless, the Defendants did not appear to be the Plaintiff.