약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In fact, the Korea Industrial Credit Union (hereinafter referred to as the “Korea Industrial Credit Union”) extended a loan of KRW 65 million to E, the representative director of the Korea Agricultural Company D Limited Liability Company (hereinafter referred to as “D”) on January 28, 201, and is the P’s spouse as a director and shareholder at the time of F.
A total of 13,443 square meters in G, H, I, J, K, L, M, and N, etc. (each of the above lands was 13,443 square meters in G land following a change of land category on December 20, 201 and a merger on December 23, 2011; hereinafter “instant land before and after the merger” collectively referred to as the “instant land”). As regards the maximum debt amounting to KRW 84,50 million (hereinafter “instant collateral security”) and superficies were acquired.
Defendant B Co., Ltd. (hereinafter “Defendant B”) constructed each of the buildings listed in the attached Table (hereinafter “instant building nine buildings”) on the instant land in accordance with the construction contract concluded with D on March 29, 201, and D completed registration of ownership preservation as to the nine buildings of the instant building on December 21, 201.
D obtained the consent to the construction of the instant building on the condition that the building was provided as an additional security from the Ilsan Union, a person holding superficies. Accordingly, on January 16, 2012, it concluded a mortgage contract which adds 9 units of the instant building to 9 units of the instant building as a joint collateral, and on the same day, it completed the registration of the establishment of the instant building to 84.5 million won prior to the maximum debt amount to 4 billion won with respect to 9 units of the instant building in order to 4 units of the instant building.
On May 8, 2012, on the basis of the instant right to collateral security, the Korea Federation filed an application for voluntary auction on the instant land and the instant building 9 units, and on May 10, 2012, the auction procedure was conducted according to the decision to commence voluntary auction (O of the Government District Court) on May 10, 2012.
(hereinafter “instant auction”). Defendant B’s claim for cancellation of Defendant B’s registration was made on June 26, 2012 Nos. 1.