근저당권설정등기말소
1. The Plaintiff:
A. Each real estate listed in the separate sheet is completed on November 2, 2009 as the receipt No. 75538.
1. Facts of recognition;
A. On November 2, 2009, the Plaintiff was the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On November 2, 2009, the Plaintiff concluded a mortgage agreement with Nonparty F with the maximum debt amount of KRW 35 million, and concluded a mortgage agreement with the Changwon District Court No. 75598, Nov. 2, 2009.
B. Meanwhile, on November 17, 2011, as the F was in arrears with local income tax, Defendant Kim Jong-si seized F’s right to collateral security against the F’s right to collateral security and made a supplementary registration on the right to collateral security.
C. F Around July 3, 2012, the Defendant B, the wife, died, and succeeded to limited inheritance. G, the lineal descendants of G, E, and E, by giving up her permanent width, and C, the F’s lineal descendants of F, succeeds F, according to the statutory inheritance portion, according to 3/5 and 2/5.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of whole pleadings]
2. As to the claim, the Plaintiff asserted that the Plaintiff engaged in a partnership business with F and real estate investment, and agreed to repay KRW 35 million, while borrowing KRW 27 million from F, the Plaintiff agreed to set the maximum debt amount as KRW 35 million and completed the registration of the establishment of the instant neighboring mortgage at KRW 35 million.
On May 30, 2008, the Plaintiff purchased H land at the window of Changwon-si, Changwon-si. The F invested KRW 100 million.
Since then, on November 10, 2010, the Plaintiff paid KRW 187,963,788, including the settlement of accounts for the investment and the repayment of the borrowed money, to F on November 10, 2010, the Plaintiff fully repaid the secured debt of the instant mortgage.
Therefore, the right to collateral security in this case is null and void due to the repayment of the secured obligation, and thus, it should be cancelled, and the defendant Kim Jong-si, who added the invalid collateral, has a duty to express his consent to the cancellation of the above right to collateral security.
B. It is recognized that the Plaintiff paid KRW 187,963,788 to F on November 10, 2010. Thus, this case’s monetary payment is a payment.