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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. C has lent money from the Defendant as the Plaintiff’s wife.
B. On October 20, 2009, the Defendant prepared a loan certificate (No. 1; hereinafter “the loan certificate of this case”) with the Plaintiff and the Defendant’s loan amounting to KRW 20 million on October 20, 201, and with the maturity of KRW 20 million on October 20, 2010, and with the interest rate of KRW 2.5% on October 20, 201. On the instant real estate owned by the Plaintiff, the Daejeon District Court’s Budget Office (No. 2303, Oct. 209) completed the registration of the establishment of a neighboring mortgage in the Defendant’s name (the Plaintiff, the maximum debt amount of KRW 25 million).
(hereinafter “instant collateral security”). C.
On the other hand, the Defendant applied for the commencement of voluntary auction on the instant real estate as Hongsung Branch D with Daejeon District Court. On December 16, 2010, the voluntary auction procedure on the said real estate was initiated, but the application for the commencement of voluntary auction was withdrawn on May 17, 201.
C paid to the Defendant, around May 26, 201, KRW 10 million, and KRW 10 million on October 13 of the same year, respectively.
【Ground of recognition】 The fact that there is no dispute, Gap 2, 3 evidence, Eul 2 and 3 evidence, and the result of response to the order to submit financial transaction information to the new branch of the first instance court's budget reduction cooperation, the whole purport of the pleadings
2. The parties' assertion
A. The Plaintiff’s assertion on the loan certificate of this case and the secured debt of the mortgage of this case include not only C’s debt but also Nonparty F’s debt jointly and severally guaranteed by C.
C received money from F on May 17, 201, and repaid to the Defendant KRW 14 million on or around May 26, 201, and repaid KRW 10 million to the Defendant on or around May 26, 2011, and the remainder was paid in cash, and the Plaintiff fully repaid the secured obligation of the instant mortgage.
Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of the instant mortgage on the ground of the repayment of secured debt to the Plaintiff.
B. The Defendant’s assertion does not include a loan to F with respect to the secured obligation of the instant right to collateral security, and thus, KRW 14 million repaid by F via C is the said secured obligation.