근저당권말소
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The plaintiff's claim against the defendant C is dismissed.
3...
1. Facts of recognition;
A. As to Defendant B, the District Court 2016Kadan202015, the Plaintiff filed an application for provisional seizure of real estate amounting to KRW 54,067,600 with respect to each real estate listed in the separate sheet in Defendant B’s name (hereinafter “each of the instant real estate”). On November 4, 2016, the Plaintiff completed the provisional seizure registration of each of the instant real estate upon receiving a decision of provisional seizure from the said court.
B. The Plaintiff filed an application with the Defendant B for a payment order claiming the return of unjust enrichment, and Defendant B filed an objection against the above payment order and the demand procedure was implemented as a lawsuit.
(Seoul Southern District Court 2016Kadan261506). On May 30, 2017, the above court rendered a judgment in favor of the Plaintiff on the confession that “Defendant B shall pay to the Plaintiff 54,067,600 won and 15% interest per annum from November 24, 2016 to the day of full payment.” The above judgment became final and conclusive.
C. On June 19, 2017, the Plaintiff entered into a mortgage agreement with Defendant B to set up a second priority of the maximum debt amount regarding each of the instant real estate, which is 54,067,600, with Defendant B. On June 30, 2017, the Plaintiff completed the registration of establishment of a mortgage between the maximum debt amount and the debtor, based on the aforementioned mortgage agreement.
On the other hand, on June 23, 2017, Defendant C completed the registration of establishment of a collateral security (hereinafter “registration of establishment of a collateral security”) for each of the instant real property based on the mortgage contract on the same date (hereinafter “instant mortgage contract”) and the maximum debt amount of KRW 16,80,000, and the debtor’s establishment of a collateral security (hereinafter “registration of establishment of a collateral security”).
E. Each real estate of this case is the only property of Defendant B, and the procedure for compulsory auction commenced regarding each of the real estate of this case, Seoul Central Court.