제3자이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽7호증의 각 기재, 변론 전체의 취지 E 소유의 안산시 단원구 F에 위치한 지상 4층, 지하 1층의 점포 등으로 사용되고 있는 집합건물(이하 ‘이 사건 건물’)에 관하여, 2011. 1. 4. ‘채무자 주식회사 G, 근저당권자 주식회사 H, 채권최고액 18억 원’인 근저당권설정등기(이하 ‘제1 근저당권’)가 마쳐졌다.
On April 22, 2011, Nonparty Company completed the registration of ownership transfer on April 27, 201 with respect to the instant building on the ground of donation. On September 8, 2011, Nonparty Company completed the registration of ownership transfer on the instant building, which was the “debtor I (Representative Director of Foreign Company), the obligee C, and the maximum debt amount of KRW 1.1 billion” (hereinafter “Second-mortgage”).
H received a voluntary decision on commencement of auction on May 8, 2012 based on the first right to collateral security, and withdrawn the said request for auction on January 13, 2014.
With respect to the first right to collateral security, the supplementary registration of the transfer of the right to collateral security was completed in the future of the defendant company due to the transfer of confirmed claim on February 10, 2014, and on November 4, 2014, the supplementary registration of the transfer of the right to collateral security was completed from G to the non-party company.
On July 20, 2016, the plaintiff was sentenced to the judgment of the appellate court [the court below] on July 20, 2016, "the non-party company shall be paid KRW 42 million from the plaintiff, while the plaintiff shall be paid KRW 42 million and the registration procedure for transfer of ownership shall be implemented on the real estate stated in the attached Table list to the plaintiff on April 30, 2011."
I concluded a sales contract on April 30, 201 with the Plaintiff on November 3, 2016, but became the 2nd mortgagee of the right to collateral security and the right to collateral security (the Plaintiff was withdrawn from the part against J among the instant lawsuit).