근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. In order to promote a development project that constructs accommodation, Dogwon, youth training center, resort, etc. (hereinafter “instant development project”) on each land listed in the separate sheet (hereinafter “each land of this case”) along with the believers of the church in which the defendant himself/herself serves as a pastor, the defendant transferred to the name of the plaintiff or C after obtaining the relevant permission, and transferred to the name of the newly incorporated company.
Accordingly, the Plaintiff established D Co., Ltd. (hereinafter “D”) on August 24, 201 in order to promote the instant development project, and the Plaintiff and C (the Defendant’s church's church's church's director) were joint representative directors D.
B. On December 26, 2011, the Plaintiff and the Defendant agreed to cancel the said right of collateral in order to promote the business, following the establishment of the instant right of collateral in order to prevent the damage suffered by the Defendant in the event that the Plaintiff and the Defendant acquired the ownership of each of the instant land under the name of the Plaintiff and C, and thereafter acquired the relevant authorization and permission.
(hereinafter referred to as the “instant agreement”). 【Legal relationship concerning each of the instant lands】
C. On October 28, 2011, the Defendant completed the registration of ownership transfer on December 28, 201 with respect to each of the instant parcels of land to the Plaintiff and C.
In addition, on March 9, 2012, the establishment registration of a neighboring mortgage (hereinafter “mortgage”) with the maximum debt amount of KRW 500 million, C, the debtor, and the mortgagee as the defendant was completed on the ground of the contract concluded on December 26, 2011 as to each of the instant land.
On July 24, 2012, the Gwangjin-gu Seoul Special Metropolitan City, a creditor of C, completed a seizure registration on the portion in the name of C among each land of this case, and the defendant on September 7, 2012.