beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Each of the facts stated in the separate sheet of facts is without dispute between the parties, or can be acknowledged in full view of the purport of all the arguments in the statement in Gap evidence Nos. 1 and 10.
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is to seek cancellation of the registration of this case to the Defendant on the ground that the secured claim of this case was nonexistent on the ground that the secured claim of this case was based on the obligee’s subrogation right (hereinafter “Plaintiff’s claim”) or the mortgage contract for the registration of this case was null and void as a false declaration of agreement (hereinafter “Plaintiff’s second claim”), or that the secured claim of this case’s registration was repaid or extinguished by the completion of extinctive prescription (hereinafter “Plaintiff’s third claim”).
B. Determination 1) In full view of the Plaintiff’s determination as to the principal claim, Gap evidence Nos. 7, Eul evidence Nos. 1 through 5, and Eul’s testimony, the Defendant loaned 27 million won to C over three times from August 30, 1996 to October 19 of the same year, and the fact that C was unable to repay the above loan to the Defendant and offered the real estate as security and created the registration of this case. According to the above facts of recognition, the Plaintiff’s secured claim for the registration of this case exists. (1) The Plaintiff’s principal claim is without merit. (2) The Plaintiff’s judgment as to the principal claim, and there is no evidence to acknowledge the fact that the mortgage contract for the registration of this case was a false agreement for the registration of this case. (2) The Plaintiff’s principal claim is without merit.
3. We examine the plaintiff's judgment on the plaintiff's claim (3) and there is no evidence to prove that the secured claim of this case was repaid, and the witness C's testimony and the purport of the whole pleadings in the statement of evidence No. 3-2.