근저당권말소
1. The defendant on December 18, 2002, as to the real estate stated in the attached list to the non-party B, Busan District Court's Busan District Court registry office.
On June 30, 2003, the Plaintiff acquired all of the claims against Nonparty B from Samsung Card Co., Ltd., and filed a lawsuit against Nonparty B as Busan District Court 2006Gaso177028, and on April 25, 2006, the decision of performance recommendation became final and conclusive. On December 17, 2002, the Defendant entered into a mortgage contract with a false competitive agreement without any secured claim for the purpose of evading general creditors’ execution of claims against Nonparty B and the real estate listed in the separate sheet (hereinafter “instant real estate”). The Busan District Court’s Busan District Court’s registration office of Busan District Court 90370 received on December 18, 2002, and the fact that Nonparty is currently insolvent is no dispute between the parties to the instant real estate.
Therefore, the plaintiff asserts that the mortgage contract of this case in subrogation of B as insolvent creditor B is null and void by means of a false conspiracy, and seeks implementation of the procedure for cancellation of registration of cancellation of the establishment of a neighboring mortgage on the real estate listed in the separate sheet. Since the lawsuit of this case is well-grounded, it is so decided as per Disposition.