Text
1. The defendant completed the plaintiff on June 27, 2006 with respect to the construction machinery listed in the attached list as to the plaintiff.
Reasons
1. Facts of recognition;
A. On April 14, 2006, C, which completed new registration as the owner of the construction machinery listed in the separate sheet (hereinafter “the construction machinery of this case”), borrowed KRW 5 million from the Defendant on June 27, 2006, and completed the registration of the establishment of the mortgage on the construction machinery of this case as security by the Defendant on the order that the mortgagee and the mortgagee were the Defendant (hereinafter “the mortgage of this case”).
B. C on August 30, 2006, repaid to the Defendant the above borrowed amount of KRW 5 million.
C. On September 20, 2016, the Plaintiff completed the registration of ownership change with respect to the instant construction machinery.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. According to the above facts of recognition, the mortgage of this case was extinguished due to the extinguishment of the secured debt of this case on August 30, 2006 due to the repayment of the secured debt of this case. Thus, the defendant is obligated to implement the procedure of cancellation on August 30, 2006 to the plaintiff, who is the owner of the construction machinery of this case, for the registration of creation of mortgage of this case.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.