근저당권설정등기등 말소
1. The plaintiff's appeal against the defendant A and B and all appeals against the defendant C and D are dismissed.
2. The plaintiff.
Basic Facts
On June 25, 2010, the Plaintiff, such as the preparation of a notarial deed for storage of cash and the application for a compulsory auction by official auction, prepared a notarial deed for storage of cash (No. 6682, 2010) with the purport that “F shall return to the Plaintiff the interest calculated at the rate of 10% per annum from March 31, 2009, the following day after the date when the Plaintiff claims KRW 558,779,831, which was received and kept by the Plaintiff from the Plaintiff on March 31, 2009, plus the interest calculated at the rate of 10% per annum, and E shall set the maximum amount of the guaranteed obligation as KRW 558,779,831, as a joint and several surety.”
Based on the above notarial deed, on April 29, 201, the Plaintiff filed an application for a compulsory auction of real estate with Suwon District Court for a compulsory auction of real estate as H with respect to each real estate listed in the No. 2 List No. 1 through No. 5 of the attached Table No. 2 (hereinafter referred to as “nivement support”) on April 29, 201, and as I for a compulsory auction of real estate on October 21, 201.
E’s act of disposing of property refers to each real estate listed in the separate sheet No. 1 owned by E (hereinafter “real estate listed in the separate sheet No. 1”). On December 19, 201, the E entered into a contract with Defendant A to set the right to collateral security of KRW 168,00,000 with the maximum debt amount. On December 19, 201, the Suwon District Court completed the registration of the establishment of a neighboring mortgage under Defendant A’s name (hereinafter “Yyeong-gu Registry”) as of December 21, 201, as of December 21, 2011.
E, on December 29, 201, concluded a contract with Defendant B to set up a collateral of KRW 70,000,000 with respect to real estate listed in the first list, and completed the establishment registration of a collateral in the vicinity of Defendant B’s name as of December 29, 201, as of December 29, 201.
E, with respect to real estate listed in the list No. 1, on December 27, 201, entered into a pre-contract with Defendant C to trade KRW 150,000,000 for purchase price, completed the provisional registration of the right to claim ownership transfer under Defendant C’s name on December 29, 201 under the receipt of No. 5715 on December 29, 201, and each real estate listed in No. 4, 5, 8, and 9 of the attached list No. 1 (hereinafter “part of the real estate in the list No. 1”).