근저당권말소
1. As to the Plaintiff, with respect to the size of 1,848 square meters prior to D, Changwon-si's counter:
A. The bankruptcy trustee of the defendant B in bankruptcy debtor C
1. Determination as to the cause of claim
A. The facts of recognition 1) B are as follows: (a) on December 14, 1994 from E on December 14, 1994, the D 1,848 square meters (hereinafter “instant land”).
(B) The registration of creation of a neighboring mortgage on April 30, 1996 (hereinafter “registration of creation of a neighboring mortgage”) with respect to the instant land as KRW B, the debtor, E, the maximum debt amount, KRW 70,000,000 on April 30, 1996 without completing the registration of ownership transfer.
(2) On December 26, 1997, B sold the instant land to the Plaintiff, and upon the request of B, E completed the registration of ownership transfer on the instant land on April 8, 2005.
3) As to the registration of the establishment of the instant neighboring mortgage, Defendant K&C Co., Ltd. declared bankruptcy against B on April 25, 2012; the registration of the seizure of the right to collateral security on September 21, 2012; the registration of the seizure of the right to collateral security on September 21, 2012; and the registration of the seizure of each right to collateral security on November 13, 2013 and January 6, 2014, respectively; 4) the Seoul Central District Court declared bankruptcy against B as of March 26, 2012, and appointed the attorney-at-law as bankruptcy trustee.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings
B. According to the facts of the above recognition, the establishment registration of the ownership of the neighboring land of this case was established in order to secure the damage claim to be converted to Eul in the event of the non-performance of the right to claim for the transfer registration of ownership, the right to claim for the transfer registration of ownership, and the right to claim for the refund of the purchase price, etc., and on April 8, 2005, the secured claim of this case was extinguished because the ownership
Therefore, the trustee in bankruptcy of Defendant B is obligated to cancel the registration of the establishment of the mortgage of this case, and the remaining Defendants who completed the registration of the seizure on the mortgage of which the secured debt has already been extinguished are the registration of the establishment of the mortgage of this case.