Pospo Support-2014-Ban-7153 (2015.02.04)

Cancellation of Mortgage

The written evidence Nos. 2 and 4 submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff’s obligation to the Defendant Company secured by each of the instant collective security rights has been extinguished due to repayment, and there is no other evidence to acknowledge this otherwise.

Article 208(3)2 of the Civil Procedure Act

2015Na7153

○ ○

Korea

November 20, 2015

December 24, 2015

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The defendant shall not revoke 00 copies of each real estate listed in the attached list to the plaintiff.

The cancellation of the registration of creation of a mortgage in each place completed with No. 00000 on June 13, 2005 by the Friwon 00,000

The declaration of consent to the registration procedure is made.

1. Basic facts

A. The plaintiff is the owner of each real estate of this case who completed the registration of ownership transfer with respect to each real estate listed in the separate sheet on June 30, 1995 (hereinafter referred to as "each real estate of this case").

B. AA(hereinafter referred to as the "AA") completed the registration of creation of a mortgage (hereinafter referred to as the "each of the instant collateral mortgages") with respect to each of the instant real property owned by the Plaintiff, 00 district court 00 branch court 00 on June 13, 2005, the maximum debt amount of KRW 20,000,000,000.

C. The Defendant completed the supplementary registration of seizure of the claim against the right to collateral security (No. 0000 of March 20, 2009), which was received on March 20, 2009.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion

The Plaintiff set up each of the instant collateral mortgages for the security of goods transaction claims against AA, and around 2006 continuous transactions between the Plaintiff and AA have been terminated, and all of the claims and obligations have been settled. However, since the Defendant’s seizure of each of the instant collateral mortgages becomes null and void, the Defendant is obliged to express his/her consent to the procedure for cancellation registration of each of the instant collateral mortgages to the Plaintiff.

B. Determination

It is not sufficient to acknowledge that the Plaintiff’s debt owed to AA, which is secured by each of the instant collective security rights, was extinguished by only the descriptions of evidence Nos. 2 and 4, and there is no other evidence to prove otherwise.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.