1. The amount to be repaid by a third party purchaser of auction real estate in order to request the cancellation of registration of creation of a neighboring mortgage;

2. Status of purchaser of real estate mortgaged;

1. The plaintiff, as a third acquisitor of the auction real estate, deposited the maximum debt amount secured by the auction and the auction cost, may claim the cancellation of the mortgage.

2. Even if an obligation exceeds the maximum debt amount while purchasing the immovable property with the right to collateral security, the excess portion shall not be included in the secured debt of the right to collateral security.

Article 360 of the Civil Act, Article 364 of the Civil Act

Supreme Court Order 71Ma251 Decided May 15, 1971 (Kakadd 9662, Supreme Court Decision 19 ② ② 18, Supreme Court Decision 364Nu266, Supreme Court Decision 74Ma440 Decided October 26, 1974 (Supreme Court Decision 108DaKad 10826, Supreme Court Decision 223Da58, Supreme Court Decision 364Nu366, Court Gazette 502, Court Gazette 8104), Supreme Court Decision 79Da783 Decided August 21, 1979 (Supreme Court Decision 12184, Supreme Court Decision 12182, Supreme Court Decision 27 ② 262, Korean Civil Act, Article 364(1)44, 6161, Korean Civil Act)

Plaintiff

Defendant

Daejeon District Court's astronomical Court (80 Ghana23)

1. Revocation of the original judgment;

2. The defendant will implement the procedure for the cancellation of registration of the registration of the establishment of a neighboring mortgage, which was completed with No. 2835 on February 28, 197 with respect to the forest land 70,413 square meters in Sung-ri, Chungcheongnam-do, Sung-gun, Sung-gun, Chungcheongnam-gun, Chungcheongnam-do.

3. The costs of the lawsuit shall be borne by the defendant in both the first and second instances.

Text 2 and Court Costs are assessed against the defendant

The same shall apply to the order.

The forest land as indicated in the disposition is originally owned by the non-party, and the establishment registration was completed on February 28, 197 by the Daejeon District Court Branch Branch of the Daejeon District Court Branch of February 28, 197, No. 2835 with respect to the said forest land, and the non-party creditor of the non-party, and the plaintiff purchased the forest land from the non-party, and completed the registration of ownership transfer as of January 7, 1980, and completed the registration of ownership transfer as of January 14, 1980. On the other hand, in order to prevent a voluntary auction procedure, which is in progress by the defendant's petition for auction, the creditor of the above right to collateral security, the deposit of KRW 4,00,000 and the auction expenses of KRW 178,500, which are the maximum debt

If so, the plaintiff, as a third acquisitor of the auction real estate, deposited the maximum debt amount and auction cost secured by the auction real estate, and thus, he can claim cancellation of the mortgage.

However, the defendant's legal representative has acquired the debt amount of 5,00,000,000 won against the defendant of the non-party, which exceeds the maximum debt amount while purchasing the forest and fields as seen in this case from the non-party (Therefore, even if the debt amount of 1,00,000 won exceeds the maximum debt amount), even if the debt amount has been repaid, the mortgage as seen in this case remains effective for securing the remaining claim. Thus, the scope of the debt amount secured by the right to collateral security shall be limited to the maximum debt amount set forth in the contract to collateral security, and it shall not be secured even if the plaintiff acquired the debt amount exceeding the above maximum debt amount, as such, the excess portion does not constitute the secured debt amount of the right to collateral security, so the defendant's defense is groundless.

Therefore, since the defendant is obligated to perform the procedure for cancellation registration of the registration of the establishment of the establishment of the principal lawsuit in the first place to the plaintiff, the plaintiff's claim for this procedure will be accepted with reasonable grounds, and since the original judgment which concluded otherwise is unfair, and the plaintiff's appeal is reasonable, the original judgment is revoked, and the plaintiff's claim for the principal lawsuit shall be accepted, and the costs of the lawsuit shall be borne by the defendant

The judge shall have the same effect as the judge of the Yellow Party (Presiding Judge).