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(영문) 대구지방법원 2014.05.01 2013가단62794

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership preservation was completed in the name of M Co., Ltd. (hereinafter “M”) on November 29, 2004 with respect to the first real estate, and the registration of ownership transfer was completed in the name of the Plaintiff on April 28, 2008, and the registration of ownership transfer was completed in the name of D on July 9, 2008.

On the other hand, on April 28, 2008, the registration of change of the right to collateral security made the debtor D on the ground of the acquisition of the contract on July 18, 2008. The registration of change of the right to collateral security made the debtor D on the ground of the acquisition of the contract.

B. The registration of ownership preservation was completed on November 29, 2004 in M’s name with respect to the second real estate, and the registration of ownership transfer was completed on June 4, 2008 in D’s name, and the registration of ownership transfer was completed on July 9, 2008 in the Plaintiff’s name.

On the other hand, on June 4, 2008, with respect to the second real estate, the registration of change of the right to collateral security (hereinafter “registration of change”) against the debtor was completed on June 4, 2008, three times the contract was concluded on June 4, 2008 with the debtor D, the F organization of the mortgagee, the maximum debt amount of 30,000,000,000 won, and the cause of the registration of the establishment of the right to collateral security (hereinafter “registration of change”) was completed on July 18, 2008 with the receipt of the Daegu Daegu District Court of Daegu District on the ground of contract acceptance as

【Reasons for Recognition】 Evidence No. 18, Evidence No. 18, Evidence No. 1, and the purport of the whole pleadings

2. On April 24, 2008, the Plaintiff’s assertion made an oral contract to purchase M and 2 real estate M for KRW 2.5 million. Around that time, the Plaintiff borrowed KRW 2.50 million from the Defendant as collateral for the second real estate and paid the purchase price to M.

However, the registration of the establishment of a new mortgage on the second real estate provided by the plaintiff as security was completed, and the registration of the establishment of a new mortgage on the first real estate was completed.

Therefore, the defendant's change of the registered purpose of this case from "the right to collateral security".