근저당권설정등기 말소
1. The plaintiff A's lawsuit shall be dismissed.
2. The plaintiff B's claim is dismissed.
3. The costs of lawsuit are assessed against the plaintiffs.
1. The Plaintiff A and the Defendant purchase Pyeongtaek-si and 14 lots (hereinafter “instant real estate”) and completed the registration of ownership transfer at the ratio of 1/2 of equity on October 18, 2007.
Plaintiff
B as the owner of the real estate indicated in the separate sheet, on July 28, 201, on each of the above real estate, the Defendant completed on July 28, 201 the registration of the establishment of the mortgage of this case (hereinafter “registration of the establishment of the mortgage of this case”) with the Plaintiff A and the maximum debt amount of KRW 210 million to the Defendant.
This case is the case where the plaintiffs seek cancellation against the defendant, who is the right to collateral security, on the ground that the secured debt of the establishment registration of the neighboring mortgage of this case was extinguished
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5 (including virtual number; hereinafter the same shall apply), the purport of the whole pleadings
2. Prior to the judgment on the merits of the lawsuit brought by the plaintiff A regarding the legitimacy of the lawsuit, it shall be deemed ex officio.
Any person who is eligible to file a claim for the cancellation of the registration of the establishment of a neighboring mortgage shall be limited to the owner of the real estate at the time of the claim, the interested parties on the registry, which have direct interest in the registration of the cancellation, and any person who is merely the debtor of the secured debt at the time of the registration of the establishment
Since the registration of creation of a mortgage of this case was completed on the real estate stated in the attached list provided by Plaintiff B as a security against the Defendant’s obligation, the parties to the contract to establish a mortgage shall be Plaintiff B, and only the debtor of the secured debt of this case shall not be eligible to seek the cancellation of the registration of creation of a mortgage of this case.
Therefore, the Plaintiff’s lawsuit is unlawful.
4. Determination as to the plaintiff B's claim
A. If the Plaintiff B and the Defendant obtained permission for neighborhood living facilities regarding the instant real estate, the Plaintiff A and the Defendant obtained a loan from the Plaintiff and the Defendant’s share.