근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to each real estate of this case, the registration of ownership transfer was completed on the ground of sale and purchase as of April 10, 2009 by the Daejeon District Court Branch No. 28763, Apr. 14, 2009.
B. As to each real estate of the instant case, the registration of creation of a mortgage (hereinafter “mortgage 1”) was completed on March 9, 2010 with respect to the debtor, the mortgagee, the defendant, the maximum debt amount of KRW 65,000,000, under Article 19281, and the registration of creation of a mortgage (hereinafter “mortgage 2”) was completed on May 17, 2010 with respect to each of the instant real estate as the debtor, the mortgagee, the defendant, and the maximum debt amount of KRW 50,000,000, the Daejeon District Court decided on May 17, 2010.
[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 to 4, purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion that C would provide interest on the loan from the Plaintiff’s mother D with business funds by lending money from the Plaintiff’s mother D, and that it would offer money to the Plaintiff for the loan, and that, in order to facilitate the attraction of investment in the company run by D, it must produce to D documents such as a registration right certificate, a certificate of personal seal impression, and a certificate of seal impression, etc. In order to facilitate the attraction of investment in each of the instant real estate, and that C, who received the above documents from D, borrowed money on two occasions from the Defendant and completed the registration of the establishment of the first and second collateral collateral collateral mortgage without the Plaintiff’s consent. As the first and second collateral collateral mortgage of this case, C arbitrarily paid money to the Defendant on behalf of the Plaintiff without the Plaintiff’s delegation, and constitutes a juristic act by an unauthorized representation of rights, and the agreement to establish a mortgage is a monetary obligation relationship between the Plaintiff or the Plaintiff’s mother D and the Defendant.