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1. The Defendant completed the Plaintiff’s viewing on November 29, 2012 as to the automobiles listed in the separate sheet C.
Reasons
1. Basic facts
A. The plaintiff and the defendant are in a marital relationship with the plaintiff and the defendant who completed the marriage report on August 8, 1975.
B. On April 30, 2012, the Defendant filed a divorce and property division lawsuit against the Plaintiff (hereinafter “former divorce lawsuit”). On February 7, 2013, the Defendant rendered a judgment dismissing the Defendant’s claim on the grounds that it is insufficient to recognize that the Plaintiff committed an unlawful act or exercised assault, etc. against the Defendant. The said judgment became final and conclusive around that time.
C. On the other hand, on November 29, 2012, when the previous divorce lawsuit of the instant case was pending, the registration of the creation of mortgage stated in Paragraph (1) of this Article (hereinafter “the instant mortgage”) was completed on the part of the mortgagee, the mortgagee, the Plaintiff, and the claim amounting to KRW 80 million.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 2, 3, 4, and the purport of the whole pleadings
2. Determination
A. 1) The plaintiff asserts that the secured claim of the mortgage of this case is nonexistent, and the defendant created the mortgage of this case at will without the plaintiff's consent. 2) The defendant asserts that the secured claim of this case was established with the plaintiff's consent with the contract deposit or the right to claim division of property, and thus the registration of the mortgage of this case cannot be cancelled.
B. At the time of the registration of mortgage, the burden of proof as to whether there was a legal act establishing the secured debt at the time of the registration of mortgage, and it is not sufficient to recognize that there was a legal act as to the establishment of the secured debt or the right to claim division of property claimed by the original defendant at the time of the registration of the mortgage in this case only with the descriptions of the health class, Eul, and evidence Nos. 1 and 2 (including the serial number).