근저당권말소
The defendant's appeal is dismissed.
Of the appeal costs, the part relating to the intervention by the defendant shall be the intervenor and the remainder.
In fact, the Plaintiff was established on July 27, 2012 after obtaining permission to establish a medical corporation on July 26, 2012, and was a medical corporation that opened and operated the H convalescent on April 26, 2015 with permission to establish a medical institution on April 15, 2015.
On November 30, 2012, the Plaintiff: (a) between the Defendant and the primary debtor, the primary debtor is formally B; (b) in substance, the Plaintiff is the Plaintiff; (c) entered into a loan agreement with the Defendant and the creditor with the amount of loan limit of KRW 800 million; and (d) received 800 million from the Defendant through the financial account in the name of B.
On November 30, 2012, the Plaintiff entered into a mortgage agreement with the Defendant regarding each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “the land”) as indicated in the separate sheet Nos. 1 and 1,000,000 won with the maximum debt amount, and the debtor B and the mortgagee as the defendant, and accordingly, completed the registration of establishment of a neighboring mortgage in the name of the Defendant.
In addition, on November 30, 2012, the Defendant entered into a superficies contract with respect to the land Nos. 1 and 2 (hereinafter “instant superficies contract”) with a view to securing the collateral value of the said right to collateral. Accordingly, the registration of creation of superficies under the name of the Defendant (hereinafter “registration of creation of superficies”) was completed.
On January 4, 2013, the Plaintiff entered into a mortgage agreement with the Defendant to add the land listed in paragraph (3) of the attached Table No. 3 (hereinafter “third land”) to the joint collateral, including each land listed in the attached Table No. 3 (hereinafter “each of the instant land”). Accordingly, the Plaintiff entered into a mortgage agreement with regard to each of the instant land in the name of the Defendant (hereinafter “each of the instant mortgage agreements”) and accordingly, registered the establishment of a mortgage on each of the instant land in the name of the Defendant (hereinafter “each of the instant mortgage agreements”), and accordingly, registered the establishment of a mortgage on each of the instant land which was completed.