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1. The Defendant, on February 11, 201, filed with the Plaintiff with the Government District Court regarding the area of 1,788 square meters in Gyeonggi-gun, Gyeonggi-do.
Reasons
1. Basic facts
A. As to the Defendant regarding the registration of the establishment of a mortgage over 1,788 square meters (hereinafter “instant land”), the Plaintiff: (a) registered the establishment of a neighboring mortgage over the debtor, the obligee, and the obligee as the head of the Dong District Court’s registry office of 12096, August 3, 2010; (b) registered the establishment of a mortgage over the Plaintiff, the obligor as the obligee; and (c) registered the establishment of a mortgage over the Plaintiff and the obligee as the head of the Dong-gu District Court of 15,000,000 won (1804, Dec. 9, 2010) registered the establishment of a mortgage over the Plaintiff, the obligor, and the obligee as the Defendant (hereinafter “each of the instant neighboring mortgage registrations”); and (c) registered the right to claim a provisional registration as the head of the Dong-gu District Court’s registry office of 1723, Feb. 11, 2011.
B. Around August 2018, the Defendant prepared two receipts (hereinafter “instant receipts”) as follows and issued them to the Plaintiff.
Receipt Daily Amount: daily0 million won (amount of performance) which is a part of the principal million won among the amounts of the principal and the amount of the receipt on August 28, 2018: The said amount shall be received on August 29, 2018 as the repayment cost together with the cancellation of the establishment of the provisional registration and the provisional registration of the real estate C in the YY-gun.
C. Since then, the registration of each of the instant collateral mortgages was completed on September 5, 2018 as the receipt of No. 18804 on September 5, 2018, for the reason of “cancellation on September 5, 2018,” but the provisional registration of the instant case remains until the date of closing the argument of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, it is reasonable to view that the Defendant received KRW 25,000,000 from the Plaintiff around August 2018, and agreed to the effect that each of the instant collateral security registration and the instant provisional registration were cancelled, and therefore, the Defendant is obliged to complete the registration procedure for cancellation of the instant provisional registration to the Plaintiff.
(b) above;