근저당권설정등기말소
The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.
The grounds of appeal are examined.
1. Review of the reasoning of the lower judgment and the record reveals the following facts.
On July 16, 2008, the Plaintiff purchased the instant real estate share in the judgment of the court below, and made a provisional registration of a claim for share transfer (hereinafter “provisional registration of this case”) with respect to the said share.
B. On July 22, 1994, the share of the instant real estate was registered prior to the provisional registration of the Plaintiff as the obligee, and on July 22, 1994, the obligor registered for the creation of the first right to collateral security with the maximum debt amount of KRW 180 million, which is the owner at the time, and on August 14, 1996, registered for the establishment of the second right to collateral security with the obligor C and the maximum debt amount of KRW 220 million, which is the obligor C and the obligor, and on August 14, 1996, each of the said rights to collateral security was transferred in sequence to the Young-gu Integrated Construction (hereinafter referred to as the “E Association”).
C. On May 11, 2009, Young Chang Construction entered into an agreement on the assignment of the right to collateral security with the purport that “The secured debt of each of the instant right to collateral security shall be confirmed by the application for the auction of real estate in Young Chang Construction, and the proceeds of the transfer thereof shall be KRW 170 million with respect to the claim of the right to collateral security with the right to collateral security, and KRW 210 million with respect to the claim of the second right to collateral security” on June 24, 201. On June 24, 2011, the joint construction and the Defendant entered into an agreement on the assignment of the right to collateral security with the purport that “The secured debt of each of the instant right to collateral security shall be determined as KRW 170 million with respect to the claim of the right to collateral security with the right to collateral security shall be transferred to the Defendant on the ground of the transfer of the right to collateral security.”
On July 14, 2011, the Defendant reported the change of the creditor as the creditor who acquired each of the instant collateral security claims to the auction court.
The plaintiff, on July 26, 201, employs the defendant as the principal depositer, and each of the instant cases.