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1. Of the judgment of the first instance court, the part against the Plaintiff ordering the implementation of the procedure for cancellation registration shall be revoked.
Reasons
1. Basic facts
A. On October 5, 1999, the Defendant prepared a written contract to establish a collateral (hereinafter “instant contract to establish a collateral”) with the Plaintiff and B (hereinafter “B”) and the following contents, and completed the registration of establishment of a collateral (hereinafter “instant real estate”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”) on October 6, 1999 by the Seoul Central District Court No. 89591, Oct. 6, 1999, the Defendant, the obligor, the obligor, and the mortgagee, the Plaintiff, and the maximum debt amount, KRW 260,000,000.
(이하 ‘이 사건 제1근저당권설정등기’라 한다). 이 사건 제1근저당권설정계약서의 일부 내용 ★ 굵은선 으로 표시된 란(제1조 및 계약서 끝부분)은 담보제공자가 반드시 자필로 기재하시기 바랍니다.
1. The obligee explained that any one of the three types set forth below, which differs from the scope of the secured obligation, may be selected by the developer, and the developer does not print the comprehensive collateral security but set forth as the part which was set forth in the contract for the creation of the third collateral security (hereinafter the same applies).
The obligation (including interest, damages for delay, and other incidental obligation) as provided by this Act shall be secured.
2. Maximum debt amount;
A. The part which was not printed with a set of KRW 200,000,000, but written with a handy, and the part which was subject to the contract for the establishment of a mortgage for the second and the third class contract of this case also
Won
B. On August 30, 200, the Defendant prepared a document establishing the right to collateral security (hereinafter “the contract establishing the right to collateral security”) containing the following contents with the Plaintiff, B, and on August 31, 200, the mortgagee of the right to collateral security on the ground of the above contract establishing the right to collateral security (No. 67411, which was received on August 31, 200 from the Seoul Central District Court, the registration office of the Seoul Central District Court, which received on August 31, 200, the Plaintiff, the mortgagee of the right to collateral security, and