근저당권설정등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged according to the facts acknowledged as Gap evidence 1-1-3, 2-6, Eul evidence 1, 2-4-6, Eul evidence 1-2, 4-6, the appraiser C's appraisal results, and the purport of the whole pleadings:
A. On December 31, 2004, the Plaintiff drafted to the Defendant a certificate of loan worth KRW 62 million per annum, interest rate of KRW 12% per annum, and due date of payment on December 31, 2006.
(hereinafter “the loan certificate of this case”). B.
On December 31, 2004, the Plaintiff completed the registration of creation of a mortgage over the maximum debt amount of KRW 80 million with respect to the real estate stated in the attached list to the Defendant.
(hereinafter “instant collateral security”). C.
On the other hand, the Plaintiff leased part of the buildings listed in the attached list No. 3 to D in the deposit amount of KRW 16 million, and D had previously borrowed KRW 5 million from the Defendant, and even around March 29, 2009, borrowed KRW 8.5 million from the Defendant.
D As such, in relation to the repayment of the amount borrowed from the Defendant, the Plaintiff sought together with the Defendant, and the Plaintiff paid KRW 13.5 million out of the lease deposit to the Defendant.
Accordingly, the Plaintiff and the Defendant stated that the amount of the column for the borrowed principal among the loan certificates of this case was KRW 46 million paid by the Plaintiff and the Defendant in lieu of D, the sum of KRW 13.5 million paid by the Defendant and KRW 5 million.
The Plaintiff paid interest to the Defendant KRW 460,000 each month by the end of March 2009, and paid KRW 595,000 each month from the end of April 2009 to December 2, 2013.
E. On December 5, 2013, the Plaintiff repaid the Defendant KRW 46 million.
2. The Plaintiff asserted that the Plaintiff was obligated to cancel the registration of establishment of the instant collateral security by paying KRW 46 million on December 5, 2013. As such, the Defendant is obligated to cancel the registration of establishment of the said collateral security.
However, according to the above facts, D is out of the obligation to repay the borrowed amount of KRW 13.5 million to the defendant, and D is out of the obligation to return the lease deposit to the plaintiff.