근저당권설정등기말소
1. The Defendant shall pay KRW 1,848,00 from the Plaintiff and the interest rate of KRW 12% per annum from December 3, 2018 to the date of complete payment.
1. Facts of recognition;
A. The Plaintiff is an owner of 479 square meters (hereinafter “instant land”) prior to Gyeonggi-gun D (hereinafter “instant land”).
B. As to the instant land, the registration of the establishment of a mortgage on the instant land was completed with the maximum debt amount of KRW 20,000,000,000, the debtor E-mortgage and the mortgagee of a mortgage (hereinafter “the establishment of a mortgage on the instant land”) as of December 5, 201, and the mortgagee of a mortgage on the instant land was changed to the Defendant on the ground of the transfer of a contract as of July 14, 2014.
C. On July 4, 2014, F transferred the secured obligation of the instant establishment registration to the Defendant, and the Defendant paid F KRW 13,000,000 at the price.
The Defendant filed an application for a voluntary auction of the instant land with the District Court G, and the auction procedure was initiated with the decision to commence the voluntary auction of the said court.
The defendant paid KRW 1,848,00 to the execution cost.
E. On November 21, 2018, the Plaintiff deposited KRW 10,500,000 with the deposit number of the District Court of the Jung-gu District on the deposit account of the Defendant as the principal deposit account, with the amount of KRW 10,50,000,000 in 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1-1, 2-2, the purport of the whole pleadings
2. The parties' assertion
A. On December 2, 201, 201, Plaintiff Jeon Nam, the Plaintiff Jeon Nam borrowed KRW 10 million from F at the interest rate of 1% per month, and completed the registration of establishment of the instant party to the instant land owned by the Plaintiff in order to guarantee the payment of the said loan.
However, without any notification to the Plaintiff, the registration of the establishment of the establishment of the instant neighboring land was transferred to the Defendant, and the Defendant applied for the commencement of voluntary auction with respect to the instant land and commenced the voluntary auction procedure.
E paid all interest on KRW 10 million until July 2, 2018. The Plaintiff paid 10,500,000 to the principal from August 2, 2018 to December 2, 2018.