근저당권설정등기말소등기절차
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in the entries in Gap evidence 1-1-2-3, Gap evidence 4, and Eul evidence 1-2. A.
On October 7, 2011, the Plaintiff is the representative director of the Incorporated Agricultural Company B (hereinafter “B”), and the Plaintiff entered into a sales contract with C Co., Ltd. (hereinafter “C”) to supply goods to B (hereinafter “instant contract”).
B. As to each real estate listed in the separate list of the real estate owned by the Plaintiff (hereinafter “instant real estate”), the registration of establishment of the instant collateral security (hereinafter “instant collateral security”) was completed as of November 8, 201 with the Suwon District Court’s Sung-nam Branch of Hanam Branch of Seoul District Court received on November 8, 2011, as of the maximum claim amounting to KRW 400,000,000, the debtor, the debtor, and the mortgagee C, the mortgagee of the instant real estate.
C. On April 3, 2013, the Defendant merged C with another corporation, and filed an application for the auction of real estate amounting to KRW 328,355,810 regarding the instant real estate with Sungwon District Court, which was based on the instant right to collateral security, with Sungwon District Court, for the auction of real estate amounting to KRW 328,35,810, which was filed on August 5, 2014.
2. The parties' assertion
A. The Plaintiff’s assertion was established to secure C’s claim against B, and as the obligor of the instant right to collateral security was the Plaintiff, the instant right to collateral security is null and void against the appendant nature.
In addition, although C did not have actually supplied goods to B under the contract of this case, it is merely a tax treatment as if there was a document transaction for tax reduction and exemption, and there is no claim of C. Since the mortgage of this case with no secured obligation is null and void, the Defendant is liable to implement the registration procedure for cancellation of the registration of the establishment of the mortgage of this case
B. The defendant's assertion that the right of collateral security of this case is the debtor B by agreement between the plaintiff, B and C.