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1. The defendant on October 20, 2003, as to the real estate stated in the attached list to the plaintiff by the Seoul Western District Court.
Reasons
1. Basic facts
A. On December 11, 2002, Nonparty C, the Plaintiff’s South-win, obtained the registration of ownership transfer for the real estate indicated in the separate sheet (hereinafter “instant real estate”). On October 20, 2003, Nonparty C, the Plaintiff, completed the registration of ownership transfer for the instant real estate with a maximum debt amount of KRW 19,50,000 against the Defendant on October 20, 2003.
B. C on November 27, 2008, sold the instant real estate to the Plaintiff, and completed the registration of ownership transfer on the next day, and the Plaintiff is currently the owner of the instant real estate.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. (1) On November 28, 2003, the Plaintiff: (a) withdrawn KRW 15,000,000 from the Plaintiff’s account and delivered it to the Defendant; and (b) even if it is not so, the above secured obligation has already been completed; (c) as long as the secured obligation has already been extinguished, the instant secured obligation has already been extinguished; (d) the Defendant, upon the Plaintiff’s request by the owner of the instant real estate, has the obligation to perform the procedure for cancellation registration of the instant secured obligation to the Plaintiff.
(2) First, according to the evidence Nos. 2-1 and 2-2, the Plaintiff is deemed to have withdrawn KRW 15,00,000 from its own account on November 28, 2003 on behalf of the Plaintiff, but such facts alone are difficult to find that the secured obligation of this case was repaid, and there is no other ground to recognize otherwise (the Plaintiff asserted that Nonparty D, the Plaintiff’s mother, was repaid by delivering the check to Nonparty E, the Defendant’s agent, but there is no evidence to acknowledge it such as the receipt). The Plaintiff’s allegation 1 is without merit.
(3) Next, the Plaintiff’s assertion