근저당권설정등기 청구의 소
1. The plaintiff's appeal and the plaintiff's conjunctive claim added at the trial are all dismissed.
2. After an appeal is filed.
1. As to this part of the judgment on the primary claim, this court’s reasoning is identical to the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of
(Examination of the evidence submitted by the plaintiff in the trial, it is recognized that the findings and judgments of the first instance court are justifiable). 2. Determination of the preliminary claim
A. If it is impossible to register the establishment of a neighboring mortgage according to the relevant compulsory adjustment decision because the Plaintiff’s assertion cannot be obtained with the consent of the Korea Housing Finance Corporation, Defendant B is obligated to pay KRW 100 million to the Plaintiff the secured debt of the aforementioned right to collateral security.
B. In the event that a decision on compulsory adjustment related to judgment is impossible to establish a mortgage, it is natural that Defendant B is obligated to pay KRW 100 million to the Plaintiff.
The plaintiff's assertion is without merit, since there is no evidence to prove that agreement was reached between the plaintiff and the defendant B.
3. In conclusion, the plaintiff's claim shall be dismissed on the ground that the plaintiff's claim is without merit.
The judgment of the court of first instance, which dismissed the plaintiff's primary claim, is legitimate in conclusion. Thus, all of the conjunctive claims added in the plaintiff's appeal and the trial are dismissed as it is without merit. It is so decided as per Disposition.