근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff purchased the instant real estate on December 20, 2014 and completed the registration of ownership transfer on January 30, 2015.
B. On January 28, 2016, the Daegu District Court (Seoul District Court) completed the registration of creation of a mortgage over the instant real estate to the Defendant (hereinafter “mortgage of this case”) on the ground that the contract was concluded on the same day under the Act No. 4421, Jan. 28, 2016, the Plaintiff completed the establishment of a mortgage over the maximum debt amount of KRW 250,000,00
[Ground of recognition] Unsatisfy, Gap evidence 1-1-3, Gap evidence 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that Nonparty C borrowed KRW 200 million from the Defendant, and offered the instant real estate as security, and only prepared a loan certificate, such as the due date and interest, No. 2, in blank.
The plaintiff does not have any fact that he received a loan from the defendant, and the certificate of the loan No. 2 is null and void. The right to collateral security of this case is null and void because it does not have any secured claim.
B. On January 29, 2016, the Defendant asserted that the Defendant remitted KRW 200 million to the national bank account of the KCAD, the representative director of which is C, as designated by the Plaintiff.
However, not only the principal but also the interest agreed upon in the loan certificate (No. 2) is not repaid.
3. In light of the Plaintiff’s assertion that even if the Plaintiff prepared the payment period and the interest rate rate rate of No. 2, as alleged by the Plaintiff, the lender is C and the Plaintiff is merely a surety, it is insufficient to recognize that such fact alone is a document with the payment period and the interest rate of No. 2, and there is no other evidence to prove otherwise.
According to the overall purport of evidence Nos. 1 and 2 and evidence Nos. 1 and 3, the Plaintiff prepared a certificate of borrowing KRW 200 million from the Defendant and set up a collateral security right.