근저당권변경등기절차이행청구의 소
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The plaintiff's claim against the defendant Jeon Dong-dong Credit Union.
1. Facts of recognition;
A. The Plaintiff and Defendant B completed the registration of ownership transfer with respect to the instant apartment between husband and wife as the Jeonju District Court No. 56537, Dec. 13, 2006, which was received on December 13, 2006, and Defendant B as one-half of each of them.
B. Defendant B obtained a loan of KRW 186,00,00 from the National Agricultural Cooperative Federation (hereinafter “CF”) and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the apartment of this case as the Jeonju District Court No. 54845, Dec. 11, 2009, the maximum debt amount is KRW 223,20,000 with respect to the apartment of this case, and the debtor, Defendant B, the mortgagee, and the mortgagee, paid KRW 20,50,000 to the Nonghyup, and paid KRW 165,00,000 with respect to the above loan to the Nonghyup. < Amended by Act No. 110845, Mar. 11, 2011; Act No. 165, Dec. 1, 2000>
C. On March 11, 2013, Defendant B, at the office of Defendant Jeon-dong Credit Union (hereinafter “Defendant New Cooperatives”), concluded that Defendant B received loans from the Defendant New Cooperatives and repaid loans in substitution for the Plaintiff.
Therefore, at the Defendant New Consultation Co., Ltd., the Plaintiff signed a mortgage agreement with a blank space of 223,200,000 won, knowing that the mortgage was created with respect to the apartment of this case at the Defendant New Consultation Co., Ltd., but the Plaintiff signed the mortgage agreement with a blank of 23,200,000 won, stating the signature of the Plaintiff in blank of b23,20,000 won, in the column of the maximum debt amount, and forged the agreement.
(hereinafter “this case’s mortgage contract”). D.
Meanwhile, Defendant B consented only to the creation of the right to collateral security with the maximum debt amount of KRW 223,200,000, and did not consent to the creation of the right to collateral security with the maximum debt amount of KRW 351,000,000. However, around March 11, 2013, the Plaintiff, a joint title holder of the instant apartment, as the instant apartment, as the maximum debt amount, secured the instant apartment.