근저당권말소
1. As to each real estate listed in the separate sheet Nos. 19 and 20 among each real estate listed in the separate sheet to the Plaintiff
A. Defendant.
1. Indication of claim;
A. On August 28, 2006, Nonparty D was created with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) by Nonparty E, at the time of the ownership of each of the said real estate, the joint creation of mortgage amounting to KRW 150 million with respect to the joint creation of mortgage (hereinafter “joint creation mortgage of this case”).
B. On May 19, 2011, Defendant C completed the registration of transfer of the right to collateral security on the ground of transfer of contract on May 17, 2011 with respect to the instant joint collateral security. On the same day, Defendant C agreed with the owner E to increase the maximum debt amount of the said joint collateral security from KRW 150 million to KRW 300 million without the consent of the provisional registration authority, etc., and completed the registration of change of the right to collateral security with such content.
(However, with respect to each real estate listed in Nos. 19 and 20 listed in the separate list, it was completed in the form of principal registration, and with respect to the remaining real estate, in the form of additional registration).
On October 25, 2012, Defendant C, on the grounds of partial transfer of confirmed claim on October 24, 2012, based on which Defendant C completed the registration of partial transfer of the right to collateral security, whichever is KRW 250 million, out of KRW 300 million of the maximum debt amount of the instant joint collateral security, to Defendant A, and KRW 50 million, to Defendant B, respectively.
After that, on May 2, 2013, the principal registration of transfer of ownership based on the above provisional registration was completed, and the registration of change of the right to collateral security with respect to each real estate mentioned above 19 and 20 was revoked ex officio.
E. As above, Defendant C increased the maximum debt amount of the instant joint collateral mortgage from KRW 150 million to KRW 300 million and did not obtain the consent of the junior provisional registration right holder, etc. Therefore, the increased portion should be cancelled. Accordingly, the Plaintiff, a title holder who completed the registration of ownership transfer based on the trust on June 28, 2013, as to each of the instant real estate, shall be subject to the Defendants as indicated in Articles 1 and 2 of the Disposition.