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1. The Defendants received on October 8, 2014 from the Dobong registry office of this court regarding the apartment stated in the attached list to the Plaintiff.
Reasons
1. Facts constituting the basis for no dispute between the parties;
가. E는 피고들에게 서울 노원구 F에 건축중인 도시형 생활주택을 분양받게 해 주겠다고 말하면서, 2011. 12.경 피고들로부터 합계 1억 9,000만원을 지급받았다가 그 약속을 지키지 못하자, 2013. 3. 초순경 피고들에게 ‘2013. 4. 5.까지 합계 2억 4,000만원을 지급하기로 하는 내용’이 담긴 별지 <현금보관증(을 2)>를 작성하여 건넸다.
B. Nevertheless, upon the continuation of the nonperformance of the obligation of E, the Defendants filed a complaint against E with suspicion of fraud on August 2014, and the investigation on E was underway on October 8, 2014, with respect to the apartment as stated in the attached list on October 8, 2014, the Defendants are the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-
(B) On April 2015, the agreement (A 5-1) entered into between E and the Defendants was prepared separately.
C. Meanwhile, the Plaintiff’s mother paid KRW 165 million to the Defendants, including ① payment of KRW 20 million to the Defendants on October 8, 2014, and ② payment of KRW 165 million by March 21, 2016.
2. Determination on both arguments
A. As seen earlier, inasmuch as the Plaintiff paid a total of KRW 165 million equivalent to the maximum debt amount of the instant right to collateral security from October 8, 2014 (the date of registration of creation of the instant right to collateral security) to March 21, 2016 when the Plaintiff did not assume the Defendant’s obligation against the Defendants, barring any special circumstance, the secured debt of the instant right to collateral security shall be deemed legally extinguished, barring any special circumstance, and thus, the Defendants are obliged to perform the procedure for registration of cancellation of the registration of creation of the instant right to collateral security against the Plaintiff.
B. (1) The Defendants are first specified in the certificate of cash storage as they actually belong to E’s responsible property as the subject of the instant right to collateral security.