가등기말소
1. The defendant's appeal is dismissed.
2. The portion arising from the participation in the appeal costs.
1. Under the underlying facts, there is no dispute between the parties, or it may be acknowledged by integrating the purport of the entire pleadings in each entry in Gap evidence Nos. 1-5.
1) On June 24, 2003, F participated in the auction procedure of the claim for reimbursement against the G building and site of Songpa-gu Seoul Metropolitan Government, H’s 1 and 2nd mortgage (total amount of KRW 15.2 billion) and was awarded a successful bid of KRW 9.91 million on June 24, 2003. 2) On July 29, 2003, F and the Intervenor joining the Intervenor (hereinafter “ Intervenor”) entered into an agreement related to the acquisition of the right to collateral security with the content that the remainder after deducting the proceeds of the public auction from the dividends would be equally divided.
3) On November 21, 2003, the Intervenor filed an application for provisional attachment with the Seoul Eastern District Court 2003Kahap2118, as Seoul Eastern District Court 2003Kahap218, F applied for provisional attachment of KRW 2.65 million among the claim for dividend payment in the I real estate auction case of the Dong Branch of Seoul District Court I. According to the court's order to provide collateral, the Plaintiff and the court entered into a guarantee insurance contract with the insured F on November 24, 2013. The Intervenor issued a guarantee insurance policy with the Plaintiff and submitted it to the court, and the court accepted the above provisional attachment application on November 25, 2003. The Intervenor rejected the Intervenor's claim against F for provisional attachment amounting to KRW 2.65 billion (Seoul East District Court 2003Kahap10504) and the above court rejected the Intervenor's claim for provisional attachment and dismissed the Intervenor's defense by coercion on November 27, 2005.
The intervenor filed an appeal (Seoul High Court 2005Na13969), but the appeal was dismissed on June 8, 2006, and the petition of appeal was dismissed on June 29, 2006.
5) Ad hoc seizure objection case (Seoul Eastern District Court 2004Kahap876) also on January 7, 2005.