beta
(영문) 인천지방법원 2016.10.14 2016가단229606

근저당권말소

Text

1. The defendant shall be the plaintiff.

(a) the Incheon District Court with respect to each of the 1/2 shares of the real estate listed in the separate sheet Nos. 1 and 2.

Reasons

It is difficult to recognize that the Plaintiff was unable to express his/her normal intent due to the severe dementia at the time of granting the power of attorney in connection with the instant case only with the descriptions of the evidence Nos. 2 and 3.

A mortgage is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future. Since it is established with the purpose of securing a certain limit from a settlement term for the future, there must be a legal act establishing a secured claim of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right

(2) On May 11, 2016, the Plaintiff and the son of the Plaintiff concluded each mortgage contract (hereinafter “instant mortgage contract”) with respect to one-half share of the attached list Nos. 1 and 2 as indicated in the attached list owned by the Plaintiff on December 24, 2009, with respect to each one-half share of the Plaintiff’s attached list No. 1 and 2, the obligor, the mortgagee, the mortgagee, the mortgagee, and the third and four real estate indicated in the attached list owned by the Plaintiff, with respect to the maximum debt amount of KRW 300 million, the obligor, the obligor, and the mortgagee, and the mortgagee of the right to collateral security (hereinafter “the instant mortgage contract”). Accordingly, on May 12, 2016, each of the instant real estate was registered as the Defendant’s name (hereinafter “the establishment registration of the right to collateral security”) as indicated in the attached list No. 1 and 2, and the purport of the entire pleadings can be acknowledged by comprehensively taking into account the purport of the entire pleadings.

As above, insofar as the Plaintiff only entered into the instant mortgage contract with respect to each of the above real estate and there was no legal act that establishes the secured claim of the right to collateral, it is argued that the Plaintiff and the Defendant.