근저당권말소
1. Of the judgment of the first instance court, the part concerning N's share 1,347/11,247 of each real estate listed in the separate sheet shall be revoked.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) purchased each real estate listed in the separate sheet (hereinafter “each of the instant land”) from E on February 27, 2010 from E, and completed the registration of ownership transfer in the name of C, 9,900/11,247 of the instant land on March 29, 2010.
B. Around 2010, C entered into a contract on construction work with the Defendant for the construction work (hereinafter “instant construction work”). Since C did not pay KRW 1,517,300,000 out of the total construction cost of KRW 4,575,00,000, the Defendant entered into a mortgage contract with the Defendant on May 13, 201, regarding the total share of each of the instant land as to the obligor, the maximum debt amount of KRW 80,000,000 for the total share of each of the instant land, and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”). The Defendant completed the registration of establishment of a neighboring land (hereinafter “registration of creation of a mortgage of this case”) with the Pyeongtaek District Court No. 12205, May 17, 2011, as to each of the instant land.
C. On December 28, 201, the Plaintiff lent KRW 600,000,00 to C. As to D’s share out of each of the instant lands, the Plaintiff entered into a mortgage contract with the debtor C and the maximum debt amount of KRW 600,00,000,00 for each of the instant lands. On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage as to D’s share of each of the instant lands.
Of the instant lands, C’s share was sold to N for compulsory auction on November 21, 2014, and a share transfer registration was completed in N’s name on November 27, 2014. The purpose of the establishment registration of a mortgage of the instant neighboring land was also changed to D’s share as of November 27, 2014 (No. 28492) received on November 27, 2014.
[Omission]
3. Total amount: Won 4,576,00,000 won (including Vat) amount: Won 3,058,700,000: Amount unpaid: 1,517,300,000
4. Account payable: Won 870,000,000) Payment contract: Won 647,30,000,000
5. The right to collateral security and other matters.