근저당권말소
1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1..
1. Basic facts
A. On December 13, 1996, a limited liability company engaged in alcoholic beverage wholesale business (hereinafter referred to as "sexual dub distribution") entered into a contract to establish a collateral security agreement (hereinafter referred to as the "mortgage security agreement of this case") with regard to the continuous alcoholic beverage supply transaction with regard to the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") owned by B, which was owned by B, with regard to the continuous alcoholic beverage supply transaction with regard to a limited liability company engaged in alcoholic beverage wholesale business (hereinafter referred to as "right to collateral security agreement of this case").
B. On December 23, 1996, the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) was completed on the ground of the contract to collateral security (hereinafter “the right to collateral security”) of Seoul Central District Court No. 57369, Dec. 23, 1996.
C. On May 31, 2001, 2001, 200, 2000, 2000, 2000, 300,000,000,000,000.
On July 1, 2002, the World Yangju Co., Ltd. has changed its trade name into a DNA Co., Ltd.
Diopi Korea Co., Ltd. was merged with Diopia corporation on June 30, 2003 and dissolved.
D. The defendant on June 30, 2003 was changed to D. D.
On March 5, 2008, the Defendant applied for a voluntary auction of the instant real estate to the Seoul Central District Court C in order to enforce the instant right to collateral security, and withdrawn the application for auction on April 10, 2008.
E. The Plaintiff completed the registration of ownership transfer on January 16, 2009 due to sale on January 15, 2009.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion of the right to collateral security of this case is the defendant.