근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 26, 2008, FD Mutual Savings Bank (hereinafter “FD Mutual Savings Bank”) established, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by B Co., Ltd. (hereinafter “B”) on June 26, 2008, ① the maximum debt amount of KRW 4.94 billion, the obligor C’s right to collateral security (hereinafter “instant first collateral security”) (hereinafter “the first priority collateral”), ② the obligor C’s right to collateral security (hereinafter “the second priority collateral”), the obligor D’s right to collateral security (hereinafter “the second priority collateral”).
B. On September 7, 2012, af mutual savings bank was declared bankrupt and the Defendant was appointed as a trustee in bankruptcy.
C. On June 21, 2012, the instant second priority mortgage was transferred to the NonS Savings Bank, Non-SS Savings Bank, and on July 16, 2014, to the KNB Development Co., Ltd. (hereinafter “KB”) on March 18, 2015.
On May 8, 2015, the registration of the right to collateral security was completed with respect to the claim amounting to KRW 1.82 billion with respect to the second-class collateral security in this case, and the registration of the right to collateral security in the creditor C and creditor DD Mutual Savings Bank.
(Then from the next day, the above right to collateral security (the ground for recognition). [The fact that there is no dispute over the said right to collateral security (the ground for recognition), each entry of Gap 1 and 2 evidence (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The gist of the Plaintiff’s assertion seems to have concluded the instant pledge agreement between C and the Defendant, the president of B in a cooperative relationship with the Plaintiff, by means of unauthorized Representation, etc. even though the Plaintiff did not participate in the establishment of the instant pledge right.
Therefore, since the contract to establish the pledge right of this case is null and void, the registration of the pledge right of this case must be cancelled.
3. Determination
A. Recognizing the facts, 1F mutual savings banks are in the first and second order with respect to each of the instant real estate.