근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around January 2, 2006, the Plaintiff entered into an insurance contract for fidelity guarantee with C and the insured as the Defendant with the period from January 1, 2006 to December 31, 2006, setting the guarantee principal of KRW 100,000,000, and the guarantee period from January 1, 2006 to December 31, 2006, and the Plaintiff paid KRW 100,000 to the Defendant around February 18, 2011.
B. On June 21, 2007, the Defendant concluded a collateral security contract to secure “a debt within the maximum amount of the claim, i.e., a certificate of borrowing, a letter of commitment, a certificate of payment, etc., and all obligations arising from the issuance, endorsement, and all obligations arising from the surety’s and commercial transactions, or all obligations arising from commercial transactions, as the sole or several obligations or guarantors, which are, or will be, borne or will be borne within the maximum amount of the claim, within the limit of the maximum amount of the claim,” and completed the registration of establishment of a collateral as the Defendant with the Suwon District Court registry as the Defendant on June 21, 2007, as the Suwon District Court No. 29462, Jun. 21, 2007.
(hereinafter “instant collateral security”). C.
Of the above land, 12,673 square meters were divided on July 7, 2016 and transferred to E parcel number in Ischeon-si. The Korea Land and Housing Corporation accepted it, and the Defendant received the order of seizure and assignment of the claim by subrogation as to the land expropriation compensation to be received by C on June 15, 2018.
On December 18, 2018, the defendant received 95,084,965 won deposited by the Korea Land and Housing Corporation in other enforcement procedures.
On August 21, 2017, the Defendant issued the Seoul Southern District Court 2017 tea153952, the Seoul Southern District Court (Seoul Southern District Court 2010Na5948), and the Seoul Central District Court 2010Kahap33632, the Defendant issued the payment order to the Defendant to pay the amount of reimbursement 5,493,210,204 won and delay damages paid to the investors due to the Defendant’s recognition of the Defendant’s employer’s liability.