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 filed a lawsuit against E and B with the Seoul Central District Court 2010Kadan181855, and the said court rendered a final and conclusive judgment on November 30, 201, stating that “E and B shall jointly and severally pay to the Plaintiff the amount of KRW 81,90,307 and KRW 27,820,847 among them, from March 10, 2010; for KRW 53,869,160 among them, 15% per annum from April 21, 2010 to May 20, 2010; and for KRW 20% per annum from the next day to the date of full payment.”
B. On April 21, 2009, B entered into a mortgage agreement (hereinafter “mortgage agreement of this case”) with the Defendant on the maximum debt amount of KRW 80,000,000,000 with respect to the size of KRW 1,066 square meters prior to Gangseo-gun, Gangwon-do. On April 22, 2009, the Defendant completed the registration of establishment of a mortgage prior to Chuncheon District Court (hereinafter “the registration of establishment of a mortgage prior to the instant case”). < Amended by Act No. 8423, Apr. 22, 2009>
B on June 30, 2009, the Defendant entered into a trade promise (hereinafter “instant trade promise”) with respect to one-third of the share of the 6,797 square meters in Gangseo-gun D, Gangwon-do, and on August 3, 2009, the Defendant filed a provisional registration for the right to claim ownership transfer (hereinafter “instant provisional registration”) with the Chuncheon District Court’s office No. 15940 on August 3, 2009.
[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 3 (including a branch number), the purport of whole pleadings
2. Determination on the cause of the claim
A. The purport of the Plaintiff’s assertion is that the establishment registration of the instant neighboring mortgage does not exist.
B was anticipated to be in bad faith of the company that was operated by the husband E, and in collusion with the Defendant, a female student, in order to avoid compulsory execution, entered into the mortgage contract of this case and the trade reservation of this case, and completed the establishment registration of the mortgage of this case and the provisional registration of this case to the Defendant.
Therefore, this case.