근저당권설정등기말소등기
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. Facts of recognition;
A. The defendant is the wife of C. The plaintiff is the plaintiff's wife, and E is the child of C as the plaintiff's spouse.
B. C, while carrying out a business of newly building and selling land on the land listed in the separate sheet 1 (hereinafter “instant land”), borrowed money several times from the Defendant, and thereafter, upon completion of the loan, transferred the loan to the Defendant as payment in kind.
C. C newly constructed a sub-building (the same as the indication of the first building of the instant building; hereinafter referred to as “instant loan”) on the instant land, and registration of preservation of ownership was completed in the name of H on each partitioned building.
On November 22, 2004, the Plaintiff, as co-owners of the instant land, acquired 1/2 co-ownership shares of the real estate listed in the annexed Table 2 (hereinafter “instant building”) among the real estate listed in the annexed Table 2, and on November 29, 2004, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) stated in the purport of the claim as to each of the instant land and the instant building’s shares among the instant land and the instant building.
E. In addition, on August 10, 2004, the Plaintiff issued and delivered to the Defendant a promissory note (Evidence A No. 2) with the face value of KRW 100 million and the due date of October 30, 2005. The lower end of the said promissory note states, “The said note is automatically extinguished upon the transfer of 1/2 of the principal’s shares.”
F. The defendant completed the registration of transfer of ownership on August 24, 2005 with respect to the loan 201 of this case.
The registration of ownership transfer was completed in the name of H on June 8, 2004. The registration of ownership transfer was completed in the name of H on June 25, 2004, and thereafter the registration of ownership transfer was completed in the name of I on June 25, 2004.
G. On the other hand, regarding the instant loan No. 201 on the same day, the establishment registration of a collateral security holder D, the debtor, the defendant, and the maximum debt amount of 70 million won was completed. On January 6, 2009, the voluntary auction based on the said collateral security was commenced, and Seoul Western District Court.