근저당권말소
1. The Defendant, on November 23, 201, shall provide the Plaintiff with respect to each real estate listed in the attached list, to the Incheon District Court Branch Branch of the Incheon District Court.
1. Basic facts
A. While Nonparty C owned each real estate listed in the separate sheet, he/she completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet, the maximum debt amount of which was KRW 400,000,000 on November 21, 201, which was based on the contract to establish a contract on November 23, 201, as the receipt of No. 125196, Nov. 23, 201, and the debtor C and the mortgagee as the defendant.
B. On December 15, 2011, C sold each real estate listed in the separate sheet to Nonparty D at KRW 1,80,000,000 (Evidence A 5; hereinafter “instant sales contract”).
The terms and conditions of the instant sales contract are as follows.
- the sales contract at present - appending a certificate of credit – - The buyer shall succeed to the loan of a national bank (C) and to the collateral security (B) billion won.
- The buyer of the existing management expenses shall succeed to the sale million Won of the management expenses.
- The buyer shall succeed to the deposit(s) of 00 million won.
- Trading amounts shall be KRW 801,000,000 and KRW 802,000,000.
C. On October 12, 2015, D donated each real estate listed in the separate sheet to the Plaintiff. On October 12, 2015, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff on each real estate listed in the separate sheet as the receipt No. 138474 on October 16, 2015.
The defendant applied for a voluntary auction of each real estate listed in the separate sheet E to this court, and the decision on voluntary auction was made on June 27, 2017 and the decision on voluntary auction was completed on the same day on the same day.
In the above auction procedure, the sum of KRW 2,20,000 was paid out of KRW 2,938,450 and KRW 971,00 was paid as public charges.
E. The Plaintiff intended to pay 403,191,00 won (=400,000,220,000 won) (i.e., the maximum debt amount and the auction execution cost) to the Defendant, but the Defendant refused to receive the said amount.