근저당권말소
1. As to the real estate listed in the separate sheet to the Plaintiff:
A. Defendant B is the Daejeon District Court’s budget registry office on November 1, 1999.
1. Facts of recognition;
A. On May 12, 1998, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant land”) on the grounds of sale on April 27, 1998.
B. On April 30, 1998, the Plaintiff entered into a mortgage agreement with Defendant C on the instant land. The Daejeon District Court’s budget registry office was received on May 12, 1998, and completed the registration of creation of a collateral security (hereinafter “instant one collateral security”) with the Defendant C, the debtor, and the maximum debt amount of KRW 17,00,000,000.
C. On November 23, 199, the Plaintiff entered into a mortgage contract with Defendant B on the instant land. On November 24, 1999, the Daejeon District Court’s budgetary registry office of the Daejeon District Court completed the registration of establishment of a collateral security (hereinafter “instant second collateral security”) with the amount of KRW 150,000,000, the maximum debt amount of the mortgagee B, the debtor, and the maximum debt amount of KRW 20,000,000.
[Reasons for Recognition] Gap evidence No. 1
2. Determination on the cause of the claim
A. The right to collateral security requires a legal act establishing the secured claim separate from the act of establishing the right to collateral security. The burden of proof as to whether there was a legal act establishing the secured claim at the time of establishment of the right to collateral security has been asserted its existence.
(See Supreme Court Decision 2009Da72070 Decided December 24, 2009). B.
Defendant C asserts that the secured claim against Defendant C is as follows:
In 195, the hospital became aware of E during treatment due to traffic accidents.
E has carried out the business of purchasing land with money received as a traffic accident agreement.
E exchanged the land and E, and sold 100 square meters out of the exchanged land to Defendant C, between FC, the owner of the land at the time.
However, E is not a registration of division, and once it receives a written mortgage contract of this case from the plaintiff as security and completes the registration of establishment of mortgage of this case.