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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 5, 2014, the Defendant: (a) received the registration of creation of a collateral security (hereinafter “mortgage”) (hereinafter “mortgage”), which was completed as of April 23, 2012 by the Daejeon District Court Branch Office, No. 3741 with respect to 1/5 shares in the real estate (hereinafter “the instant real estate”) from the Plaintiff; (b) received the registration of establishment of a collateral security (hereinafter “mortgage 1”) from the Daejeon District Court; and (c) received the registration of ownership transfer as to 503,74,777,76/47,71,88,00 shares among the instant real estate; and (d) received the registration of ownership transfer as to 515,397,163 won among the instant real estate, the Defendant paid the Plaintiff KRW 515,397,163,00,000 to the effect that the instant real estate, which was jointly owned by the Plaintiff, was divided into the instant real estate [The Daejeon District Court Branch Branch Decision 201237,237,2014,20141.
On the other hand, on March 10, 2014, the instant judgment procedure continued, with respect to the Plaintiff’s share (1/5) among the instant real estate on March 10, 2014, the registration of creation of a collateral security (hereinafter “second collateral security”) was completed, which was determined as the maximum debt amount of KRW 130,000,000,000,000,000,000,000,000 won, the obligor D (Plaintiff’s husband’s wife), and the mortgagee’s credit union (hereinafter “second collateral security”), and the relevant matters
B. On January 22, 2015, the Plaintiff sent to the Defendant, “In accordance with the instant judgment, the Plaintiff prepared all documents necessary for the cancellation of the registration of the establishment of the first and second class mortgage and the implementation of the procedures for the registration of the transfer of ownership, and sent to the Plaintiff, on January 29, 2015, the Plaintiff prepared money to be paid to the Plaintiff on or before January 10, 2015, thereby resolving the problem related to the said judgment.” However, the Defendant did not comply therewith.
C. On February 4, 2015, the Plaintiff: (a) repaid the Defendant the first collateral obligation under the instant judgment by February 10, 2015; and (b) subsequently revoked the registration of the establishment of a neighboring mortgage and the registration procedure for the transfer of ownership.