근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 28, 2006, the bankruptcy trustee of the Hancheon Credit Cooperatives filed a lawsuit against B, including a loan, etc., with the court 2005da30441, and on March 28, 2006, the court sentenced B to the effect that “B shall pay 10 million won to the bankruptcy trustee of the Hancheon High High Credit Cooperatives Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) and 22% interest per annum from October 2, 2002 to the date of full payment,” and the above judgment became final and conclusive around that time.
B. The plaintiff is against the Korea Deposit Insurance Corporation as to B.
On April 19, 201, the claim based on the judgment was transferred and the succeeded execution clause was granted.
C. B on November 12, 2002, No. 40673, Nov. 12, 2002, as to each real estate listed in the separate sheet owned by the Defendant, the Gwangju District Court completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a mortgage”) with the maximum debt amount of KRW 200 million.
As of the closing date of the instant case, B is in insolvent.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) B completed the registration of the establishment of a mortgage of this case to the Defendant for the evasion of the obligation, which is null and void as a false conspiracy. 2) Even if B bears the obligation against the Defendant, even if B bears the obligation against the Defendant, the Defendant’s claim against B of this case was extinguished by the statute of limitations.
3. Therefore, the registration of the establishment of a neighboring mortgage of the instant case must be cancelled.
B. The defendant's assertion that the defendant lent approximately KRW 49 billion to B, and only KRW 178 million to B on November 9, 2007, the defendant paid KRW 178 million. Thus, the right to collateral security of this case shall be secured.