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Reasons
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(영문) 대구지방법원 2020.06.24 2019가단109107
근저당권말소
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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant paid KRW 100,000,000 to the Plaintiff’s son (Before the opening of name), and KRW 100,000,000 to the Plaintiff’s son (D before the opening of name).

4. 1.1 billion won was paid.

B. C paid KRW 20,000 to the Defendant on October 21, 2015.

C. On August 24, 2016, the Plaintiff completed the registration of the establishment of a neighboring forest of this case, which was the debtor C, to the Defendant on August 24, 2016, with respect to the forest land E, the ownership of the Plaintiff, Gyeongdong-gun, Chungcheongnam-do.

C paid KRW 50,00 to the Defendant on June 26, 2018.

In addition, on March 11, 2019, C made a deposit with the Defendant as the principal deposit, and the Defendant reserved an objection and received the deposit on July 23, 2019.

[Evidence] Facts without dispute, Gap Nos. 1 and 2

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion and C agreed to purchase and develop real estate, sell, and divide profits therefrom. Accordingly, the Defendant paid KRW 200 million to C as indicated above, as the business investment amount. On August 24, 2016, the Plaintiff and C agreed to set up the instant collateral and agreed to set up the amount to be settled by C with the Defendant as KRW 130 million with the maximum debt amount, and thereafter C repaid its obligation by fully paying KRW 130 million.

Accordingly, since the secured debt of this case was fully repaid, the defendant is obligated to cancel the registration of establishment of the mortgage of this case to the plaintiff.

B. The defendant's assertion: (a) at the request of C, the defendant lent KRW 200 million to C at the statutory interest rate (five percent per annum) as described above, and (b) above.

As described in the paragraph, 150,000 won (20,000 won) has been repaid and appropriated for interest and principal.

The right to collateral security of this case was established on some of the above loans, and it was not repaid all of the secured debts, so the plaintiff cannot respond to the plaintiff's claim.

C. (1) Determination;

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