근저당권설정등기말소
1. The Defendants shall receive, on November 29, 2013, the Busan District Court with respect to the Plaintiff’s annual forest E 2,918 square meters.
1. On November 29, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring forest”) of the Plaintiff, the Defendants, the Defendants, the maximum debt amount of KRW 375,000,000, as the Busan District Court received on November 29, 2013, with respect to the Plaintiff’s annual forest E2,918 square meters owned by the Plaintiff, to the Defendants.
(No dispute exists, No. 2). The parties' assertion
A. In the event the Plaintiff’s assertion and the creditor of the secured claim are different, the establishment registration of a mortgage is null and void as it violates the appendant nature of the right to collateral security.
However, the creditor of the secured debt in the registration of the establishment of the neighboring mortgage of the instant case is not the Defendants but F.
Therefore, the defendants, who are the right to collateral security, should cancel the registration of the establishment of the above mortgage.
B. The Defendants’ assertion is the creditors of the secured debt, and lent the name F to the Plaintiff for convenience, which was well known to the Plaintiff.
Therefore, the defendants can be seen as an indivisible creditor of the secured debt with F, so the establishment registration of the mortgage of this case does not constitute a case where the establishment registration of the mortgage of this case is invalidated against the subsidiary nature of the right to collateral security.
3. Determination
A. Facts without dispute, Gap evidence Nos. 1, 3, and 5, and all the following circumstances, which can be known by the purport of the entire pleadings, i.e., ① in a notarial deed of money loan agreement concluded between the plaintiff and F (Law Firm Don Law Firm, No. 2661, Nov. 28, 2012), F is written as lending KRW 250,000 to the plaintiff on Nov. 24, 201; ② the same day is also written as a notarial deed signed by the private person between the plaintiff and F (No. 1486, Nov. 28, 2012, the notary public certified as a money loan agreement signed between F and the plaintiff on May 15, 2012, and the above Don-250,000 won as a loan to the plaintiff. < Amended by Presidential Decree No. 23700, Nov. 24, 2011; Presidential Decree No. 23788, Nov. 2, 2012>