근저당권이전등기 등 말소등기청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff established the right to collateral security (hereinafter “instant right to collateral security”) regarding each of the instant real estate in order to secure the obligation for oil payment to Nonparty C Co., Ltd. (hereinafter “D”) (hereinafter “the instant right to collateral security”). However, the Plaintiff asserted that the instant right to collateral security (the instant right to collateral security) was transferred separately to the Defendant without due process for transferring the instant right to collateral security, and sought implementation of the procedure for registration cancellation of the instant right to collateral security transfer registration, by asserting that the said right to collateral security (the instant right to collateral security) has
On March 5, 2013, the fact that the mortgage of this case was separated from the secured claim and the additional registration of the transfer of the right to claim under the name of the defendant (hereinafter "mortgage transfer registration of this case") was completed without dispute between the parties concerned, and according to the whole purport of Gap's evidence Nos. 1 through 3 and 5 (including serial numbers; hereinafter the same shall apply) and witness Eul's testimony and pleading as well as witness Eul's testimony and pleading, D supplied oil to the non-party gas station from November 201 to the non-party F (the actual operator of the non-party gas station) in accordance with the agreement with the non-party F (the non-party gas station), while D supplied oil to the non-party gas station in order to secure the above claim for the oil payment of this case on March 5, 2013, the mortgage of this case was transferred to the plaintiff with the maximum debt amount of 520 million won, debtor G, H (the representative of the non-party gas station) and the mortgage of this case cannot be separated from the mortgage of this case.
Therefore, barring any special circumstance, the Defendant is obligated to implement the procedure for cancelling the registration of cancellation of the instant mortgage transfer to the Plaintiff, who is the establisher of the instant mortgage.