근저당권말소
Defendant C Co., Ltd. shall make on April 6, 1993 a registration office of the Chuncheon District Court with respect to the real estate stated in the attached Form to the plaintiffs.
1. Basic facts
A. On April 1, 1993, the establishment registration of a collateral security (hereinafter “mortgage registration of this case”) was completed with respect to the real estate recorded in the separate sheet (hereinafter “the instant real estate”) with regard to KRW 50,000,000 on April 6, 1993 as the title of the Defendant C Co., Ltd., the debtor, F, the maximum debt amount, KRW 50,000,000 on the ground of the contract.
B. F’s wife G completed the registration of ownership transfer on October 11, 1996 on the instant real estate due to donation, and G died on December 21, 2006, and the Plaintiffs, F and G’ children, respectively, completed the registration of ownership transfer on October 29, 2009 on each of the instant real estate due to inheritance.
C. Defendant C Co., Ltd. was established on March 30, 1987 for the purpose of construction business, etc. and completed the registration of dissolution on December 4, 2002.
Defendant D Co., Ltd. seized on October 12, 2009 the above collateral security claims of Defendant C Co., Ltd. (Seoul Southern District Court 2009TJ 12216) and registered the seizure of the instant real estate on November 17, 2009. The Defendant D Co., Ltd also seized the above collateral security claims on November 18, 2009 (Seoul Southern District Court 2009TJ 2009TTW 16219) and completed the seizure registration on December 11, 2009, on July 18, 2018 (Seoul Southern District Court 2018TJ 106059).
around 2013, Defendant C, D Co., Ltd, and Korea Technology Credit Guarantee Fund (hereinafter “Supplementary Intervenor”) acquired each of the above collateral security claims against Defendant C Co., Ltd from Defendant D Co., Ltd and the Korea Technology Credit Guarantee Fund.
E. On July 5, 2019, Defendant Credit Guarantee Fund received a voluntary decision to commence the auction on the instant real estate at H of this court.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. (1) The plaintiffs' assertion F's objection against Defendant C.