(영문) 제주지방법원 2015.12.24 2015가합11072

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(영문) 제주지방법원 2015.12.24 2015가합11072

근저당권말소

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1. The Defendant received No. 53412, Jun. 24, 2013 with respect to each real estate listed in the separate sheet from the Plaintiff.

Reasons

Basic Facts

A. On March 14, 2013, the Plaintiff leased a building listed in attached Table 3 (hereinafter “instant building”) to C, with a lease deposit of KRW 700,00,000, monthly rent of KRW 33,000,000 (including value-added tax), and with a lease term of KRW 33,00,000 (including value-added tax) from April 20, 2013 to April 20, 2015.

(hereinafter “instant lease agreement”). B.

On the other hand, in order to secure the deposit for the lease contract of this case, C created a mortgage on June 24, 2013 with respect to each real estate listed in the separate sheet from the Plaintiff as the mortgagee D, claim amount of KRW 300,000,000, due date for payment on June 23, 2015, and mortgage and mortgagee E, claim amount of KRW 400,000,000, due date for payment, and due date for payment on June 23, 2015, respectively.

(hereinafter referred to as “each of the instant mortgages”) C.

After that, the defendant completed the additional registration of the mortgage transfer on June 19, 2014 with respect to the above D's mortgage, and completed the additional registration before the mortgage transfer on June 11, 2014 with respect to the above E's mortgage.

[Ground of recognition] The mortgage of this case established by the third party in order to secure the plaintiff's claimed lease deposit against the plaintiff's assertion of the purport of the whole pleadings, Gap evidence No. 1 (including the provisional number), and the purport of the whole pleadings should be cancelled as non-existence of the preserved bond in accordance with the non-existence of the secured right.

Even if each of the instant mortgages is valid, the lessee C does not pay rent of KRW 726,00,000 equivalent to the total amount of 22 months from April 20, 2013 to July 20, 2013 and from January 21, 2014 to August 20, 2015, and all of the claims for the refund of the lease deposit amount of KRW 700,000,000, which is the secured claim of each of the instant mortgages, have expired, each of the instant mortgages should be cancelled due to the extinguishment of the secured claims.

The defendant's assertion is the mother of C and related matters, such as paying a rent according to the instant lease agreement.

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