근저당권말소청구의 소
1. The defendant on December 18, 2008, as to each real estate listed in the separate sheet to the plaintiff, the Ulsan District Court of the Daegu District Court.
1. On December 18, 2008, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to each real estate listed in the separate sheet, owned by the Plaintiff, as the Daegu District Court No. 13194 (hereinafter “instant real estate”) on the same real estate (hereinafter “instant real estate”).
[Grounds for recognition] Evidence Nos. 2-1 and 2-2, the purport of the whole pleadings
2. The parties' assertion
A. In around 2008, Plaintiff C received a subcontract for part of the DNA painting work from the bankrupt company. At the request of the bankrupt company, Plaintiff C completed the registration of establishment of the instant real estate owned by the Plaintiff as security for the obligation arising from the transactional relationship.
Since C completed the above construction, and the secured debt of this case was extinguished due to the termination of the transactional relationship with the bankrupt company, the establishment registration of the mortgage of this case should be cancelled.
B. Around July 2008, the Defendant Bankrupt Co., Ltd. contracted one of the main and main construction works D 1 and 2, and subcontracted the said construction to C. The Plaintiff is jointly and severally liable for the defect repair liability of the said construction works or the liability for damages, etc., and the registration of the establishment of the relocation of the instant real estate as to each of the instant real estate was completed.
In order to secure the warranty liability in relation to the above construction works, the bankrupt company was issued a warranty bond by the Special Construction Mutual Aid Association until August 31, 2019, and offered it to the Construction of Treatment Corporation, which is the contractor, and set up a collateral on the property owned by the bankrupt company as a collateral for the future indemnity bond.
Therefore, there is a defect until August 31, 2019, which is the warranty period, was exceeded.