근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(a) (1) Entry in the separate sheet;
1. On May 19, 1989, 95/316 shares in the Plaintiff’s name, 132.6/316 shares in the Plaintiff’s name on September 29, 1994, and C’s name 88.4/316 shares transfer registration were completed.
(2) Attached List
2. On May 19, 1989, 1/2 shares in the Plaintiff’s name, 3/10 shares in the Plaintiff’s name on September 29, 1994, and 2/10 shares transfer registration in C’s name respectively.
(3) C is a parent of the Plaintiff, and died on October 3, 2013.
B. (1) On September 8, 2011, the Defendant concluded a lease contract with F on behalf of C as to 102 and 1305 Dong-dong, Nam-gu, Seoul Special Metropolitan City (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 80 million, the lease period from September 20, 201 to September 19, 201 (hereinafter “instant lease contract”), and completed the move-in report and the fixed date on September 23, 201.
(2) While F was a lessee who leased the instant apartment from C, F was a lessee of the said apartment from the D Licensed Real Estate Agent Office, and he heard her fluorial relationship with C to prepare the instant lease agreement on behalf of C, and as such, prepared the instant lease agreement.
F was paid KRW 70 million by the Defendant for the lease deposit for the apartment of this case.
C. (1) On September 20, 2011, C issued to the Defendant a promissory note with a face value of KRW 80 million at its face value, and G, on the same day, written by a notary public on behalf of C and the Defendant, as a law firm certificate 201, No. 809, on behalf of C and the Defendant.
(2) On September 20, 201, H issued a receipt to the Defendant on September 20, 201 that he received KRW 80 million as the deposit for the deposit for the lease of the instant apartment. D.
On February 1, 2013, the Daejeon District Court rendered a decision to commence the auction of the instant apartment as to the commencement of the sale of real estate on February 1, 2013 (hereinafter “instant auction procedure”), and the Defendant.