근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 6, 2018, the Plaintiff was a co-defendant at the time of filing a lawsuit with the Defendant and C, but was concluded on October 14, 2019.
The defendant was dead by C.
(Counterclaim) As to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the mortgage contract, which is the creditor and the mortgagee, C, and the Plaintiff, was concluded with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).
Accordingly, as to the instant real estate, the registration of creation of mortgage (hereinafter “mortgage”) was completed on July 9, 2018, under Article 24530 of the Suwon District Court’s Macheon District Court’s Macheon Registry, the maximum debt amount of KRW 400 million, the mortgagee, the Defendant of the right to collateral security, and C, the debtor.
B. On July 9, 2018, the Defendant entered into a loan agreement for consumption (hereinafter “instant loan agreement”) with the content that KRW 115,000,000 shall be determined and lent to C as of November 8, 2018, under the Plaintiff’s joint and several sureties (hereinafter “instant loan agreement”).
C. On July 9, 2018, the Plaintiff entered into a payment contract in lieu of the repayment of the principal and interest 115,000,000 won (hereinafter “instant payment contract”) owed by the obligor (C) to the obligee (the Defendant) under the instant loan contract in lieu of the repayment of the principal and interest 115,00,000 won (hereinafter “instant payment contract in lieu of the Defendant”).
[Ground of recognition] Gap evidence Nos. 1 through 3, Gap evidence Nos. 5-1 and 2-2, the purport of the whole pleadings [the plaintiff], Gap evidence Nos. 1 (the contract document for monetary loan) and Gap evidence No. 2 (the contract document for payment in kind was completed by being stated as KRW 400,000 in each amount column, and the defendant thereafter changed the amount column to KRW 115,000,000 without permission.
However, it is not enough to recognize the evidence No. 8 only with the statement of evidence No. 8.
Rather, in addition to the whole purport of the argument as a result of appraiser D's appraisal, the amount of evidence Nos. 1 and 2 is the column of evidence No. 1 and 2.