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1.The judgment of the first instance, including the plaintiff's claim added or modified by this court, shall be modified as follows:
Reasons
1. Basic facts
A. In September 1, 2011, the Defendant supplied alcoholic beverages, etc. to B (hereinafter “B”) from before 2010, as an absorption company that combines Liber Co., Ltd. (hereinafter “Defendant”) (hereinafter “Defendant”) and supplied them to the Defendant Company B (hereinafter “Defendant”).
B. As to each real estate listed in the separate sheet owned by the Plaintiff on October 28, 2010, due to a contract to establish a right to collateral security (hereinafter “instant contract to collateral security”), KRW 260,000,000, and KRW B of the debtor (hereinafter “B”).
(2) The registration of creation of a superficies (hereinafter “registration of creation of a superficies”) on October 29, 2010 was completed on the establishment of a neighboring mortgage (hereinafter “registration of creation of a superficies”) by the Defendant of the mortgagee, and on October 28, 2010, the registration of creation of a superficies (hereinafter “registration of creation of a superficies”) was completed on October 29, 2010.
[Ground of recognition] Facts without dispute, Gap 2 and 7 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment as to the main claim
A. 1) The plaintiff asserts that the mortgage establishment registration and superficies establishment registration of this case between the plaintiff and the defendant should be cancelled because they constitute a juristic act contrary to social order (Article 103 of the Civil Act) or an unfair juristic act (Article 104 of the Civil Act) and thus, they constitute null and void or a juristic act by mistake (Article 109(1) of the Civil Act). Even if the above contract is valid, there is no ground contract between the plaintiff and the defendant as to the maximum debt amount of KRW 260,000,000 between the plaintiff and the defendant.
B. The subject matter of the claim for cancellation registration is the claim for cancellation registration in question, and its identity.