근저당권말소
1. We dismiss the lawsuit seeking confirmation of the establishment of a mortgage among the primary claims of this case.
2. The plaintiff.
1. Basic facts
A. On June 21, 2016, the Plaintiff filed a lawsuit against B (hereinafter “B”) and B on the claim against B for the revocation of fraudulent act, claiming the claim against B as the preserved claim against the Defendant (TT District Court Decision 2016Kadan11465). B and A accepted the Plaintiff’s claim against B as follows in the court of law.
1. B and A shall respectively cancel a trade reservation concluded on March 15, 2016 with respect to the instant real estate and a sales contract concluded on March 25, 2016.
2. A will implement the procedure for each registration of cancellation of ownership transfer registration completed as of March 25, 2016, under the Daegu District Court and the Daegu District Court and the 16320, which completed as of March 16, 2016, with respect to the real estate stated in Section 1, 3, 4, 5, 6, and 7 in the separate sheet, and the provisional registration of right transfer registration completed as of March 25, 2016, which was completed as of March 25, 2016 by the Daegu District Court and the 16320, which was completed as of March 25, 2016.
3. B shall pay to the Plaintiff 132,177,490 won with 15% interest per annum from May 19, 2016 to the day of full payment.
B. On March 29, 2016, A entered into a contract to establish the right to collateral security with Defendant Racing Agricultural Cooperative on the instant real estate, and on the same day, A concluded a contract to establish the right to collateral security with Defendant racing Agricultural Cooperative on the instant real estate, and completed the registration of the establishment of the right to collateral security with the maximum debt amount of KRW 3 billion based on the said contract, the debtor A
C. On March 29, 2016, A entered into a mortgage agreement with Defendant Non-Korean Agricultural Cooperative on the instant real estate (hereinafter referred to as “mortgage agreement”). On the same day, A and the Defendants entered into a mortgage agreement on March 29, 2016, respectively, and Defendant Non-Korean Agricultural Cooperative (hereinafter referred to as “Defendant Non-Korean Agricultural Cooperative”) with regard to the instant real estate, and on the same day, Defendant Non-Korean Agricultural Cooperative (hereinafter referred to as “Defendant Non-Korean Agricultural Cooperative”).