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1. The defendant accepted on December 28, 2007 the indictment of all-round Seoul District Court on the real estate stated in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. On December 28, 2007, Nonparty Jeonbuk concrete industry Co., Ltd. (hereinafter “Nonindicted company”) completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) consisting of the Defendant, the debtor, the maximum debt amount of 200,000,000 (hereinafter “the registration of creation of a mortgage”) with respect to each real estate listed in the separate list owned by him (hereinafter “each real estate of this case”).
B. On July 29, 2014, the Plaintiff acquired each of the instant real estate from the Nonparty Company, and completed the registration of ownership transfer on the 30th of the same month, and sought to pay KRW 200,000,000, which is the maximum debt amount of the instant right to collateral security, to the Defendant, but the Defendant refused to accept the said real estate on the ground that the secured debt amount exceeds the above amount, and thus the Defendant refused to accept it, the Jeonju District Court 2015No5566, Jun. 11, 2015 (hereinafter “deposit for repayment”).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings
2. The third party, who acquired ownership of the mortgaged real estate, can claim the extinction of the right to collateral after the secured debt has been determined, within the scope of the maximum debt amount, after the secured debt has been determined.
(2) In light of the above legal principles, the registration of creation of a neighboring mortgage in the name of the defendant shall be revoked on the ground of the extinguishment of the secured debt, except in extenuating circumstances. Thus, the registration of creation of a neighboring mortgage in the name of the defendant shall be revoked on the ground of the extinguishment of the secured debt, inasmuch as the registration of creation of a neighboring mortgage in the name of the defendant was made for payment of KRW 200,000,000 on the ground of the defendant's refusal to receive the real estate in the instant case.
The defendant's acquisition of each of the real estate of this case from the non-party company.