근저당권말소
1. The part of the Plaintiff’s lawsuit against Defendant A regarding the claim for revocation of a contract for partial transfer of confirmed bonds shall be dismissed.
2. The plaintiff.
1. Basic facts
A. On November 1, 2007, the Plaintiff entered into a credit guarantee agreement with the third party Co., Ltd. (hereinafter “third party”) and issued a credit guarantee agreement to guarantee the repayment obligation of KRW 500 million for the corporate general facilities funds borrowed from the inciting branch of the Korean Bank, Co., Ltd. on the same day.
On February 29, 2008, the Plaintiff lost the benefit of the due date for the repayment of the loan due to the delinquency in payment of the loan, and on December 29, 2008, the Plaintiff paid part of the principal and interest of the loan that was made to a national bank under the credit guarantee agreement of this case on December 29, 208.
B. On February 3, 2009, the third party concluded a mortgage agreement with D on the real estate listed in the separate sheet (hereinafter “instant real estate”) with D while the debt was exceeded, and D concluded a mortgage registration agreement on February 3, 2009 with E on May 23, 2009, with the main registry office of the Gwangju District Court, which received No. 3020 on February 3, 2009, and D completed the mortgage registration with E on June 25, 2009. < Amended by Act No. 20527, Jun. 25, 2009>
C. In this Court’s 2009Gahap78566 claim filed by Defendant B and C against D, “D shall pay KRW 105,000,000 each to Defendant B and C until February 20, 2010, but if the above amount is not paid by the payment date, the decision of recommending reconciliation was finalized on February 3, 2010.”
Defendant B and C alleged that the transfer and acquisition contract of the right to collateral security between D and E constituted a fraudulent act against E, and filed a lawsuit on October 8, 2009, and revoked the contract transfer agreement concluded on May 23, 2009 with respect to the instant real estate between E and D. E was sentenced to the judgment that “E shall implement the procedure for cancellation registration of the right to collateral security transfer registration completed as above with respect to the instant real estate” (the court 2009Gahap8781). The above judgment is June 2010.