근저당권설정등기말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On December 22, 2008, the Plaintiff completed the registration of the establishment of superficies for 30 years, with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with respect to each real estate (hereinafter “the instant real estate”) on the Red Agricultural Cooperative on December 22, 2008, as indicated in the separate sheet owned by the Plaintiff, with the maximum debt amount of KRW 14 million,000,000,000,00
B. As to the instant real estate, the term of existence was 30 years based on the registration of creation of superficies (hereinafter “instant superficies”) as the Defendant on March 21, 2013 and on March 21, 2013, Daejeon District Court: (a) No. 6661; (b) the maximum debt amount was 450,000,000 won; (c) the debtor C, the debtor; (d) the debtor; and (e) the registration of creation of a superficies (hereinafter “instant superficies”) as the Defendant on March 21, 2013; and (e) the registration of creation of superficies as the Defendant on March 21, 2013 (hereinafter “instant superficies contract”); and (e) the registration of creation of a superficies as the registration of creation of a superficies as the Defendant for superficies (hereinafter “registration of creation of superficies”) was revoked, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings
2. Summary of the plaintiff's assertion
A. In the course of negotiations to sell the instant real estate to C on March 21, 2013, the Plaintiff: (a) demanded the Plaintiff’s seal impression and certificate of personal seal to enter into a sales contract after directly cancelling the instant real estate mortgage; and (b) delivered it to C; (c) as documents necessary for the cancellation, C was signed and sealed upon C’s request without verifying the details thereof; and (d) did not have the intent to provide the instant real estate as security; and (c) thus, the instant collateral security and superficies contract was concluded by the Plaintiff.