근저당권말소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(a) B is the owner of each real estate listed in the separate sheet;
B. On April 8, 1998, B completed the registration of creation of a neighboring mortgage with respect to the real estate listed in paragraph (1) of the attached list No. 1 of the attached list, which is the maximum debt amount of KRW 50 million, the debtor B, and the mortgagee A. On the same day, B completed the registration of establishment of a neighboring mortgage with respect to the real estate listed in paragraphs (2) through (6) of the attached list No. 2 through (6) of the attached list as the maximum debt amount of KRW 100 million, the debtor, the mortgagee B, the defendant A, and the joint mortgagee A (hereinafter referred to as the "registration
C. On April 3, 1999, Defendant Barn Capital Co., Ltd. added the registration of provisional disposition of collateral security to prohibit transfer, gift, and other acts of disposal in accordance with the decision of provisional disposition No. 99Kahap513, Busan District Court on the establishment of the mortgage of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1 to 6, purport of the whole pleadings
2. The assertion and judgment
A. The gist of the plaintiff's assertion is the creditor of B, and the act of establishing the mortgage of this case or establishing the secured debt of the mortgage of this case by means of false conspiracy marks, and thus the establishment registration of the mortgage of this case should be cancelled (the plaintiff argues that there is no legal act establishing the secured debt of this case is different from the false conspiracy marks, but it is asserted that there is no act establishing the secured debt of this case. Thus, even if it is not so, the secured debt of this case has expired by prescription on April 2008. Thus, the establishment registration of the mortgage of this case should also be cancelled.
In addition, the defendant lot Capital Co., Ltd. has an interest in the third party because it was invalid or invalidated disposition of prohibition of disposal on the collateral security.