근저당권설정등기말소 (원인무효)
1. The defendant is the Incheon District Court regarding each real estate stated in the separate sheet to the plaintiff (appointed party) and the selected party.
1. Basic facts
A. The Plaintiff (Appointed; hereinafter only the Plaintiff) is the owner, the selected party, and the selected party (hereinafter referred to as “Plaintiffs”) of the real estate listed in paragraph (2) of the attached Table C (hereinafter referred to as “each of the above real estate”), and the Plaintiff and the Plaintiff are the mother and child.
B. On August 26, 2016, Plaintiff A prepared and awarded to the Defendant the following:
The term "The certificate of monetary rent, the certificate of 80,000,000 (the sale0 million won) shall be fixed as two copies of interest. By September 30, 2016, the debtor A and the creditor B shall be due.
C. On September 1, 2016, the Plaintiffs concluded a mortgage agreement with a creditor, Defendant, and Defendant A as to each of the instant real estate (hereinafter “instant mortgage agreement”) with the maximum debt amount of KRW 80,00,000,000, and with the Plaintiff as to each of the instant real estate. On September 2, 2016, the Plaintiffs completed the procedures for registering the establishment of each of the instant collateral security agreements (hereinafter “registration of establishment of the instant collateral security”) under the name of the Defendant, Incheon District Court as the registration of the father branch court and the registration of the establishment of each of the collateral security agreements (hereinafter “registration of the instant mortgage”).
[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1, 2, Eul evidence 4 and 6, the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) The plaintiffs' assertion 1) The secured debt of the instant right to collateral security was not actually nonexistent, and even if the secured debt of the instant right to collateral security exists, the instant contract to collateral security was concluded by mistake of motive deceiving or induced the defendant, and thus the above declaration of intent of establishment of collateral security was revoked. Therefore, the defendant is obligated to implement registration procedures for cancellation of establishment of collateral security of the instant right to collateral security. 2) The defendant's assertion is a restaurant with D and a national festival event.