근저당권설정등기말소등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
1. Basic facts
A. The Plaintiff is Defendant C, D, E, F, G, H, and I’s mother.
피고 C은 원고의 맏딸이고, 피고 B은 피고 C의 배우자이다.
B. On April 7, 2010, the Plaintiff entered into a mortgage contract with the owner of each real estate listed in the separate sheet (hereinafter collectively referred to as “each real estate of this case”; the Plaintiff and Defendant B entered into a mortgage contract with the Plaintiff as “the maximum claim amount of KRW 300,000,000, the debtor, the Plaintiff, and the Defendant B,” and the Plaintiff entered into the mortgage contract with the Defendant as “Defendant B,” and the Plaintiff completed the registration of the establishment of each neighboring real estate under the Busan District Court’s Manan District Court No. 5991, Apr. 9, 2010.
On September 7, 2010, the Plaintiff and Defendant B entered into an additional mortgage creation agreement with regard to real estate Nos. 7 through 10 of the instant case as “the maximum bond amount of KRW 300,000,000, the debtor, and the Defendant B,” and the Plaintiff completed the registration of creation of each neighboring mortgage with the Busan District Court No. 18108, Sept. 10, 2010, respectively.
(B) The establishment registration of each of the instant mortgage agreements is deemed to be the establishment registration of each of the instant mortgages. (C) The establishment registration of each of the instant mortgage agreements is deemed to be the establishment registration of each of the instant mortgages.
On the other hand, on June 24, 2008, the registration of creation of a new mortgage with regard to the real estate of this case as "the maximum amount of 42,00,000 won, the debtor, the plaintiff and the mortgagee of the right to collateral security as "agricultural cooperative", on April 13, 2009, the registration of creation of a new mortgage with regard to the real estate of this case as "the maximum amount of 42,00,000 won, the debtor, the plaintiff and the mortgagee of the right to collateral security as "the agricultural cooperative as the plaintiff and the mortgagee of the right to collateral security," and on September 6, 2010, the registration of creation of a new mortgage with regard to the real estate of this case as "the maximum amount of claims 91,00,000,000 won, the debtor and the plaintiff of the right to collateral security," respectively, was completed under the name of the plaintiff on September 22, 2011.