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1. The defendant (Counterclaim plaintiff) is about the real estate stated in the attached list 1 through 3 to the plaintiff (Counterclaim defendant).
Reasons
1. The Plaintiff is the owner of the real estate listed in the separate sheet No. 1, 20.09 shares among the real estate listed in the separate sheet No. 1, 22.8 shares among the real estate listed in the separate sheet No. 2, and the real estate listed in the separate sheet No. 3 (hereinafter “each real estate of this case”).
On October 13, 2010, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring real estate of this case”) with regard to each of the instant real estate as “self-contract on October 12, 2010,” “debtor,” “Plaintiff,” “Defendant,” “Defendant,” “150,000,000 won” (hereinafter “registration of creation of a neighboring real estate of this case”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. 1) Determination on the Plaintiff’s ground of claim 1) The purport of the Plaintiff’s claim is that the establishment registration of each of the instant real estate of this case constitutes a registration of invalidation of causes caused by false conspiracy without any relation of claims and obligations, and that the mortgage should be cancelled. 2) The mortgage is a mortgage established by reserving the confirmation of obligations in the future, which is established for the purpose of securing a certain limit from a continuous settlement term of accounts in the future. Thus, separate from the act of establishing a mortgage, there must be a legal act establishing a claim secured by the mortgage, and the burden of proof as to whether there was a legal act establishing a claim secured by the mortgage at the time of the establishment of the mortgage (see Supreme Court Decision 2009Da72070, Dec. 24, 2009). In this case, the Plaintiff and the Defendant can be seen as follows: