근저당권말소
1. On December 27, 201, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Daejeon District Court rendered a public order branch office in the Daejeon District Court.
1. Basic facts
A. On December 26, 2011, the Plaintiff sold each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) to C and D, and completed the registration of ownership transfer with respect to each of the instant real estate on January 9, 2012, the Plaintiff completed the registration of ownership transfer with respect to 5/6 shares and 1/6 shares to D, respectively.
B. C around December 26, 201, around December 26, 2011, the Plaintiff’s debt amounting to KRW 250 million on behalf of the E Union.
C. On December 27, 2011, the Plaintiff completed the registration of creation of a mortgage on each of the instant real estate to the Defendant, who is the spouse of C, with the maximum debt amount of KRW 350 million, the Plaintiff, and the mortgagee as the Defendant (hereinafter “the registration of establishment of a mortgage on the instant real estate”).
On December 29, 2011, the plaintiff confirmed that "250 million won was borrowed to the defendant around December 29, 201.
“The” has issued a certificate of borrowing.
E. Around January 2012, C drafted and issued to the Plaintiff a letter of undertaking that “If two provisional seizures are cancelled for the sale of the instant land, C promises to pay KRW 5,120,000 to the Plaintiff the difference between the successful bid price and the KRW 25 million subrogated to the forestry cooperative at the time of the sale and purchase contract.”
F. At the time when the Plaintiff sold each of the instant real estate to C and D, the registration of provisional seizure on the instant land was completed for each of the following reasons: (a) creditor F, claim amount of F, 185,433,128, provisional seizure on the ground of provisional seizure on real estate by the order of provisional seizure on real estate in Daejeon District Court 201Kahap722; (b) creditor G, claim amount of 165,000,000, provisional seizure on real estate in accordance with the order of provisional seizure on real estate in Daejeon District Court 201Kahap149; (c) provisional seizure by the order of provisional seizure on real estate in Daejeon District Court 2010Kadan722, Dec. 3, 2014; and (d) provisional seizure by the order of provisional seizure on real estate in Daejeon District Court 2011Kahap149, Apr. 28, 2017.
G. The Plaintiff filed with the Daejeon District Court against C.