청구이의
1. The part of the conjunctive claim in the instant lawsuit is dismissed.
2. The plaintiff's primary claim against the defendants is all satisfied.
Basic Facts
The Defendants completed the establishment registration of the right to collateral security (hereinafter “instant right to collateral security”) of KRW 300,000,000 with respect to the instant real estate owned by the Plaintiff by the Changwon District Court, Seocheon District Court, 209, No. 21840, Sept. 29, 2009.
D, the Plaintiff’s obligee, filed a lawsuit against the Plaintiff on July 6, 201, seeking the cancellation of the registration of transfer of ownership, which was completed on October 10, 2008 by the Changwon District Court (Seoul District Court) No. 30950, which was the Plaintiff’s name with respect to the instant real estate, and the Defendants, by subrogationing the Plaintiff against the Defendants, committed the instant mortgage in collusion with the Defendants in the absence of the Plaintiff’s claim for investment amounting to KRW 200,00,000 against the Defendants, and thus, the instant mortgage contract was null and void as a conspiracy with the Defendants, and thus, the instant lawsuit seeking the cancellation of the registration of creation of a neighboring mortgage (hereinafter “previous lawsuit”). The Plaintiff’s claim against the Defendants was accepted on July 6, 2011, and the judgment became final and conclusive at that time.
On March 19, 2014, the Defendants applied for a voluntary auction to this court E with respect to the instant real estate on March 19, 2014, and received a decision to commence the voluntary auction procedure from the said court on April 21, 2014.
[Ground] The plaintiff's representative director of the plaintiff's main claim as to Gap's non-contentious facts, Gap's evidence Nos. 1, 2, 5 (if a serial number exists, including branch numbers; hereinafter the same shall apply), Eul's evidence Nos. 1, 2, and Eul's entire purport of pleading, was established and operated for the purpose of commercial waste disposal business on March 24, 2008, and Eul was liable for the amount of KRW 100,000 for waste disposal costs not paid to Byung. G and H decided to make an investment to the plaintiff around that time, and H invested KRW 150,000 for the above debt amount, and H invested KRW 150,000.
G on October 1, 2008, the representative director of the Plaintiff, and the representative director of the G.