근저당피담보채권부존재확인
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 26, 2009, Defendant D completed on May 26, 2009, the registration of the establishment of the instant collective security (hereinafter “instant collective security”) or the registration of the establishment of the instant collective security (hereinafter “the instant collective security”) by the Seoul Eastern District Court’s registry No. 3107, May 26, 2009, against the maximum debt amount of KRW 500,000,000, and by the debtor C to Defendant C, with regard to the real estate listed in the attached list owned by Defendant C (hereinafter “instant apartment”).
B. Thereafter, on November 10, 2010, the Plaintiff completed the registration of the establishment of the instant apartment on November 10, 2010 with the Seoul Eastern District Court’s registry No. 55852, Nov. 10, 2010, the maximum debt amount of KRW 500,000,000, and the third-class establishment registration of the instant apartment to E by the debtor.
C. On September 22, 2014, the Seoul Eastern District Court’s receipt of the registration office of the Seoul Eastern District Court (F, G, H, and I) rendered a supplementary registration before the establishment of the right to collateral security as F, G, H, and I. As the Defendant B filed against F, G, H, and I, the Seoul East East District Court (2017Kadan107859) declared that the procedure for cancellation registration of the right to collateral security transfer registration was fulfilled, the cancellation registration of the supplementary registration before the right to collateral security was completed on April 5, 2018 by the Seoul East Eastern District Court’s receipt of the registration office of the Seoul Eastern District Court (6072).
Since then, regarding Defendant B’s secured claim on the instant mortgage claim against Defendant C (hereinafter “instant claim”), the entire certificate (Evidence A No. 1) of the registered matters concerning the instant apartment of this case regarding the attachment and assignment order is indicated in the case number of seizure order No. 2018, No. 5407.
On June 25, 2018, Defendant B received the registration office of the Seoul Eastern District Court (hereinafter “instant supplementary registration”) with the maximum debt amount of KRW 269,534,246, the supplementary registration of partial transfer of the right to collateral security (hereinafter “instant supplementary registration”) was completed.
E. Since then, there was a decision to commence voluntary auction on the apartment of this case to K in Seoul Eastern District Court and the court like the Seoul East District Court, and the above voluntary auction procedure is below the above procedure.