근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A Co., Ltd. was incorporated on or around March 7, 2005 for the purpose of the maritime waste collection business, and its trade name was changed to Dro Co., Ltd. around August 5, 2008 and E around August 2, 2010. Around that time, construction waste interim disposal business was added to the purpose business.
(2) The Plaintiff served as a director from March 7, 2005 to August 5, 2008, and as an auditor from March 24, 201 to October 26, 2011.
The Defendant, at the time of May 30, 201, lent KRW 400 million to the non-party company on May 30, 201, under the F’s joint and several guarantee, which was held as a director of the non-party company at the time of repayment.
(1) The Defendant, on May 19, 201, remitted the loan amount of KRW 197.1 million to the account of the non-party company, and KRW 100,000,000 after deducting the interest on June 1, 201; hereinafter the same shall apply). At the time of the loan, the non-party company agreed to pay the loan amount of KRW 20,000 per month to the Defendant as interest. At the time of the loan, the non-party company agreed to pay the interest amount of KRW 8,00,000 per month to the Defendant, and the payment of interest means all of the provisional registration items (in the case of the non-party company’s factory site, building, machinery, and apparatus) and the permission for the construction waste disposal business of the non-party company, without any condition, to the Defendant.
(2) On May 18, 201, the Plaintiff completed the registration of the right to claim ownership transfer on May 18, 2011 as to each real estate listed in the separate sheet Nos. 3 through 5 (hereinafter “real estate owned by Nonparty Company”) owned by Nonparty Company (hereinafter “instant special agreement”). On May 30, 2011, the Plaintiff received on May 30, 201 as to each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “real estate owned by the Plaintiff”) owned by the Plaintiff from the Defendant on May 30, 201. < Amended by Presidential Decree No. 23283, May 30, 2011>