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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
On December 10, 2013, the designated parties (hereinafter referred to as the “Plaintiffs”) set up a deposit of KRW 100,00,00,00, monthly rent of KRW 12,60,00, and the lease period of KRW 102, 103, 104, 201, 202, 203, 302, 301, 302, 401, and 501 (hereinafter referred to as the “instant building”) from December 10, 201 to December 9, 2018, respectively, where the Plaintiffs shared 1/2 shares.
(A) The Plaintiffs and the Defendant concluded a mortgage agreement with respect to the instant building on December 9, 2013, and completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 120,000,000, the debtor, the Plaintiffs, and the mortgagee of the right to collateral security as the Defendant of the former District Court No. 113296, Dec. 13, 2013, which was accepted on December 13, 2013.
After October 28, 2015, each of the above real estate was merged with the real estate listed in the separate sheet, and the ownership of E was transferred on the same day.
Plaintiff’s assertion
The creditor of the right to collateral security and the mortgagee of the right to collateral security are the same person. Since the secured claim of the right to collateral security of this case is a creditor C, the mortgagee of the right to collateral security of this case is the defendant, the right to collateral security of this case is null and void
Since the claim for the refund of the lease deposit of this case, which is the claim secured by the right to collateral security of this case, has been fully appropriated and extinguished due to the overdue rent, etc. of C, the registration of the establishment of the
Judgment
In full view of the evidence No. 6-1, No. 2, No. 5, and the purport of the entire pleadings in the testimony of the witness F, the Plaintiffs offered the instant building as security upon C’s request with respect to the Defendant’s demand for security by lending KRW 100,000,000 to C on December 9, 2013. The Plaintiffs were the obligor for convenience.