근저당권말소
1. The defendant on March 15, 1990 registered office of Changwon District Court with respect to the plaintiff with respect to the 2,086 square meters of paddy-gun B paddy-gun, Chungcheongnam-gun.
1. The Plaintiff, on June 27, 1980, completed the registration of ownership transfer based on sale on December 5, 1974 with respect to the land of 2,086 square meters (hereinafter “instant land”).
C Around March 1990, around March 13, 1990, entered into a contract for the supply of goods with the Defendant, and the Plaintiff entered into a mortgage contract with the Defendant on March 13, 1990 in order to secure the Defendant’s obligation for the payment of goods.
On March 15, 1990, the Plaintiff completed on March 15, 1990 the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to the land of this case to the Defendant as the maximum debt amount of KRW 5,00,000,000, the debtor C and the mortgagee as the Defendant.
However, since C was unable to be supplied with goods from the Defendant at all, C did not have the obligation to pay for the goods to the Defendant, C’s mortgage of this case became null and void due to the lack of the secured debt.
The defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the neighboring mortgage completed as stated in the order with respect to the land of this case.
2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);