근저당권설정등기말소
1. The defendant received on April 15, 1992 from the Suwon District Court Yangyang registry office with respect to the real estate stated in the attached list to the plaintiff.
Facts of recognition
On April 10, 1992, the Defendant and CD entered into a sales contract with respect to the real estate listed in the [Attachment List (hereinafter “instant real estate”) and F of the Gyeonggi Pyeong-gun Ei (hereinafter “Ei”) that was owned by C, and G real estate (hereinafter “Ei”) for KRW 35 million.
around that time, the Defendant paid D the purchase price of KRW 35 million to D pursuant to the above sales contract, and acquired the above land from D on April 16, 1992. However, the ownership transfer registration of real estate for sale purpose was not completed because it did not meet the housing requirements for farmland acquisition, and instead, completed the registration of establishment of a mortgage over each of the above real estate with the maximum debt amount of KRW 50 million in order to secure ownership.
Of the above real estate, the registration of the establishment of a neighboring mortgage by the Defendant regarding F and G was cancelled on May 2, 1996, and the registration of the establishment of a neighboring mortgage by the Defendant on the instant real estate (hereinafter “instant mortgage registration”) remains as it remains.
The Plaintiff purchased the instant real estate from D on October 4, 2007, and completed the registration of ownership transfer on October 8, 2007.
(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 (including each number), the purport of the whole pleadings.
Judgment
As seen earlier, the Defendant completed the instant mortgage registration in order to secure the right to claim ownership transfer registration of the instant real estate. The mortgage cannot be recognized under the legal principle of real right as a real right to secure the payment of a monetary obligation and the right to collateral security, the obligation other than a monetary obligation cannot be recognized as a secured obligation. Thus, the said registration of collateral security in the name
Therefore, the Defendant, as the owner of the instant real estate, should implement the procedure for cancelling the registration of collateral security.
In this regard, the defendant knew that the plaintiff sold the real estate of this case to the defendant, D.