근저당권설정등기말소
1. The Defendant received, on May 21, 201, the Jeonju District Court Kim Jong-dong Office with respect to the attached list real estate from the Plaintiff.
1. As to the real estate listed in the separate list owned by the Plaintiff (hereinafter “instant real estate”), the Jeonju District Court Kim Jong-dong registry office, which was received on May 21, 2013, completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) worth KRW 200 million with respect to the debtor C (the trade name before the change of the Plaintiff), the mortgagee, the Defendant, and the maximum debt amount.
[Ground for Recognition] Facts without dispute, entry of Gap evidence 1 (including paper numbers, hereinafter the same shall apply)
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion 1) The Plaintiff did not have concluded a contract to establish the instant mortgage with the Defendant, and the Plaintiff’s intent to take over the assets and business of the hospital and establish and operate a medical corporation, upon theft of the Plaintiff’s certificate of seal impression, certificate of seal impression, and certificate of registration, the instant registration of establishment of the instant mortgage shall be cancelled as the registration invalidation of the cause for invalidation. (2) The summary of the Defendant’s assertion (1) on May 21, 2013, the Defendant concluded a monetary loan agreement for lending KRW 100 million to G, who is the president of the medical corporation F (hereinafter “F”) on May 21, 2013, with the consent of H, the Plaintiff’s director and completed the instant registration of establishment of the instant mortgage with the consent of H, who is the representative director of the Plaintiff company.
② Even if the registration of creation of the instant right to collateral security has been completed without the Plaintiff’s consent, H’s representative director was paid KRW 1.5 billion, including damages arising from the creation of the instant right to collateral security from G and E, and was paid KRW 500 million among them.
Therefore, H confirmed the establishment registration of the instant right to collateral security by receiving reasonable compensation with the knowledge that the establishment registration of the instant right to collateral security was completed.
B. Determination 1: The Plaintiff’s instant collateral security.