근저당권말소
1. The Plaintiff:
A. Defendant B shall register the original state branch of the Chuncheon District Court with respect to each real estate listed in the separate sheet.
1. Basic facts
A. On December 24, 2009, D borrowed KRW 200 million from E and F without the agreement of due date, and G agreed to set up a collateral security agreement on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) in order to secure the performance of the principal and interest of loans to D E and F on the same day (hereinafter “instant real estates”).
Accordingly, E and F completed the registration of the original branch of Chuncheon District Court on the same day as well as the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to each of the instant real property under Article 63154, which was received on December 24, 2009, under which the grounds for registration were KRW 300 million, the debtor, D, the mortgagee and the mortgagee, E and F.
B. On November 27, 2013, the Plaintiff and Defendant B completed the additional registration of the transfer of the right to collateral security on the ground of the transfer of contract on November 20, 2013.
C. The Plaintiff purchased each of the instant real estate from Company G on September 4, 2014, and completed the registration of ownership transfer on September 15, 2014.
As of June 24, 2019, the Seoul Western District Court 2019Kadan768, Defendant C was decided to provisionally seize KRW 10,000,000 as to the portion of the claim out of the secured debt (the principal and interest on loans to D; hereinafter “the secured debt in this case”) of the instant secured debt, and accordingly, the provisional attachment registration was completed on June 26, 2019.
(C) The provisional attachment order of Seoul Western District Court 2019Kadan768 is written by the third party debtor as the plaintiff, and the original copy of the provisional attachment decision also seems to have been served on the plaintiff. However, the plaintiff is only the owner of each real estate of this case, and the debtor of the secured claim of this case is D, and the provisional attachment order is deemed to have been mistakenly designated by the third party debtor
Defendant C’s share of the secured debt of this case as Busan District Court 2019TT10266 on December 9, 2019.