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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. A. Around February 2016, the Plaintiff received a request from C, the husband of B, to lend money to B as security, J, K, L, and M (hereinafter “instant apartment”).
Accordingly, between March 3, 2016 and B, the Plaintiff concluded a mortgage agreement with the obligor B and the Plaintiff as to the instant apartment (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 40 million, the obligor B and the Plaintiff as the mortgagee, and on the same day, the registration of establishment of a mortgage in the name of the Plaintiff was completed regarding the instant apartment as to the instant apartment.
B. On March 15, 2016, between C and B, the Plaintiff drafted a loan certificate stating that “B shall borrow interest of KRW 30 million from the Plaintiff on a yearly basis and December 31, 2016 on the due date, and C shall stand joint and several surety.” On March 16, 2016, the following day: (a) visited Gdong community service center located in Yeongsan-si, Jeonju-si, Seoul-si, and filed an application for access to the resident registration of the instant apartment with the public official affiliated with the Defendant, indicating the instant mortgage contract and the copy of the register of the instant apartment; and (b) the “the details of access to the relocated household (including the same person)” issued by the Plaintiff was written as “the head of the household of the relevant address is nonexistent.”
(hereinafter “this case’s inspection details. The Plaintiff, immediately after confirming the content of this case’s inspection, lent KRW 30 million to B.
C. However, the content of the instant apartment was mistakenly issued by the public official in charge of the Defendant to enter the address of the instant apartment into “E apartment F No. N. N. N. N. N. N. N. and “E apartment F. N. N. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. in the
Since then, the plaintiff on the apartment of this case.