근저당권설정등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 19, 2012, the Plaintiff borrowed 400 million won from C as of November 19, 2012, 5.5% per annum (three-month fluctuation rate), and the due date for repayment as of May 30, 2013.
On November 26, 2012, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on November 26, 2012, the registration of creation of mortgage over the Plaintiff and the mortgagee as the Defendant (hereinafter “registration of creation of mortgage over the instant real estate”) was completed.
[Reasons for Recognition] Facts without dispute, Eul evidence Nos. 1 and 2, Eul evidence No. 5-1 and 2, the purport of the whole pleadings
2. Request for the cancellation of the registration of creation of a neighboring mortgage of this case due to a conspiracy or false representation or a violation of the Act on the Registration of Real Estate
A. The gist of the Plaintiff’s assertion is that the Plaintiff merely bears the obligation of KRW 400 million against C, and even if it did not bear any obligation against the Defendant, the Plaintiff conspired with the Defendant and completed the registration of the establishment of a mortgage of this case, and thus, the registration of the establishment of a mortgage of this case was null and void based on the false declaration of conspiracy.
In addition, since the establishment registration of a mortgage of this case, which was completed by the Defendant, who is not a loan creditor C, as a collateral security, is null and void pursuant to Article 4 (1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Defendant is obligated to implement the procedure for the cancellation registration of each
B. In light of the following circumstances, the Plaintiff conspired with the Defendant that the Plaintiff did not bear any liability against the Defendant on the sole basis of the circumstances cited by the Plaintiff or the statement of No. 1-1-2 of the evidence No. 1-2, but the Plaintiff completed the registration of the establishment of a neighboring mortgage of the instant case to the Defendant.
It is not sufficient to recognize the fact that only the name of the mortgagee was trusted to the defendant, and there is no other evidence to acknowledge it.
Rather, real estate owned by the obligor is provided as security for an obligation.