근저당권말소
1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuit, the real estate stated in attached Table 6 shall be included in the attached list.
1. The reasoning of the judgment of the court of first instance is as follows, except for adding the following '2. Additional Determination' to the part demanding cancellation of registration of each of the instant lawsuits and the part demanding cancellation of registration of creation of a mortgage of the third place of the lawsuit of this case, and thus, citing the same as the reasoning of the judgment of the court of first instance.
2. Additional determination
A. An ex officio supplementary registration prior to the determination on the legitimacy of the claim for cancellation of the registration of collateral security is dependent on the registration of the establishment of the establishment of the existing principal registry, and thus, constitutes a whole of the principal registry, and thus, the obligation to be secured is extinguished, or where the registration of the establishment of the establishment of the existing principal registry is null and void, only the cancellation of the registration of the establishment of the existing principal registry, and the supplementary registration is cancelled ex officio by the cancellation of the principal registry, even
(See Supreme Court Decision 95Da7550 delivered on May 26, 1995, etc.). The Plaintiff sought the cancellation of the registration of the first or third mortgage transfer, which was completed by the Defendant on the ground that the Defendant subrogated to the Plaintiff’s debt against the Plaintiff’s DD, but, as alleged by the Plaintiff, the additional registration is of the nature to be cancelled ex officio in the event that the cancellation of the registration of the first or third class mortgage creation, which is the principal registration of each of the above B/C, should be made on the ground that the registration of the principal registration of each of the above B/C, should be cancelled on the ground that the Plaintiff’
Therefore, the part seeking the cancellation of the registration of the first or third mortgage transfer among the instant lawsuit is unlawful.
B. 1) The Plaintiff’s assertion regarding the claim for cancellation of the registration of the establishment of the third place of neighboring mortgage (1) ① The conciliation of this case with the purport that the Plaintiff pays to the Defendant the amount of KRW 42 million (the amount equivalent to KRW 315 million in the secured debt amount of each mortgage establishment registration of each class of real estate owned by the network x KRW 80 million in excess of 2/15 in the Plaintiff’s inheritance shares x the amount exceeding KRW 2/15 in the Defendant.