근저당권설정등기말소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Nonparty D died while owning the instant real estate, and accordingly, the registration of ownership transfer was completed on December 16, 2010 on the instant real estate by inheritance in the future of Plaintiff A and Plaintiff B, the wife of which was the Plaintiff A and ASEAN.
As can be seen, the registration of creation of a neighboring mortgage-based establishment (hereinafter “registration of creation of a neighboring mortgage-based establishment”) with respect to the instant real estate owned by the Plaintiffs was completed by the Gwangju District Court, No. 34729, Dec. 12, 2014, the maximum debt amount of KRW 130,000,000, the debtor E (the deceased D’s mother), and the mortgagee as the Defendant.
B. Nonparty F Co., Ltd (the representative G is the father of the network D; hereinafter “Nonindicted Co., Ltd.”) was decided on June 19, 2014 (Seoul Central District Court 2014 Ma112) and was decided to obtain the rehabilitation plan approval on November 5, 2015.
C. On December 1, 2014, Nonparty Company borrowed KRW 100,000,000 from Defendant to pay part of the labor cost among the public-interest bonds at the interest rate of 12% per annum (advance interest rate) with respect to the repayment plan, Nonparty Company applied for a loan with the purport that “a claim of KRW 100,000,000, out of the construction cost to be paid by the East Construction Industry of the Company (hereinafter “Dongyang Construction Industry”),” and obtained permission from the rehabilitation court on December 3, 2014.
Accordingly, on December 10, 2014, the defendant and the non-party company entered into a claim transfer contract with the purport that the non-party company transfers the claim for the construction cost of KRW 100,000,000 to the non-party company for the Dongyang Construction Industry to the defendant, and notified the transfer of the claim in the Dongyang Construction Industry by content-certified mail
On December 11, 2014, the Defendant remitted KRW 100,000,00 to the non-party company.
(hereinafter the above KRW 100,000,000 is referred to as the “instant loan”). D.
On March 30, 2015, the non-party company filed an application for permission to repay the loan of this case with the rehabilitation court.