근저당권설정등기말소
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 and Eul evidence 8, taking into account the whole purport of the pleadings:
1) Parties D are 1,314 square meters of land in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant real estate”).
2) The Plaintiff is the owner of D’s business, and the Plaintiff is the owner of D’s business, and the Plaintiff is the owner of D’s business. (2) The Plaintiff, as the representative of F, entered into a business service contract for the formation of the Seo-gu Incheon Special Metropolitan City Committee for the Establishment and Establishment of Housing Redevelopment Project, including the instant real estate, with D, and H is the transferee of the service cost claim from D, and the Defendant is the transferee of the secured debt of the right to collateral security established by H.
B. As to the instant real estate, Article 1985, which was received on January 11, 2012, the registration of the establishment of a mortgage on the instant real estate was completed with respect to the instant real estate at the Seocheon-gu Incheon District Court, Seocheon-gu, Incheon District Court (hereinafter “the registration of the establishment of a mortgage on the instant real estate”) at KRW 142,00,000 (hereinafter “the registration of the establishment of a mortgage”).
(2) Around August 5, 2014, the Defendant transferred the secured debt of the right to collateral security from H, and subsequently registered the additional registration of the right to collateral security before the Defendant for the following reasons.
2. The party's assertion and judgment
A. 1) The Defendant asserts that the registration of creation of a mortgage of this case is legitimate and valid on the ground that E holds a service charge claim amounting to KRW 142,00,000 against D on December 8, 201. D approved the transfer of a claim on December 8, 201 and completed the registration of creation of a mortgage of this case in the H future. The Defendant acquired the secured claim of the instant right of collateral security from H. As such, the Plaintiff asserts that the registration of creation of a mortgage of this case is legitimate and valid. 2) As to this, the Plaintiff asserts that E and H have all documents necessary for the establishment of the association.