근저당권설정등기말소
1. The plaintiffs' appeal and the conjunctive claim added in the trial are all dismissed.
2. The costs of appeal and the costs of appeal shall be considered in the trial.
1. Basic facts
A. At the time when Plaintiff A was granted a loan of KRW 500,00,000 from the F branch of Defendant Bank F on October 29, 2010 to the auditor and major shareholder of C Co., Ltd (former I Co., Ltd.; hereinafter referred to as “C”), the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 600,00,000 for the maximum debt amount (hereinafter referred to as the “first collateral mortgage”) as the Seoul Central District Court’s receipt on October 29, 2010 as to the real estate indicated in the separate sheet No. 52314, which is owned by the Defendant as a security.
B. On August 2, 2005, Plaintiff B, who was in the office of director, auditor, and representative director, was to obtain a loan of KRW 100,00,000 from Defendant Bank F branch on August 2, 2005, with respect to the real estate listed in the separate sheet No. 2, which was owned by the Defendant as security, (hereinafter “second real estate”) with respect to the establishment registration of mortgage over KRW 120,000,000 for the maximum debt amount as the registration office for Sung-nam branch on August 2, 2005 (hereinafter “second priority mortgage”), and C completed the establishment registration of mortgage over the second real estate with respect to KRW 30,00,000,000 from the Defendant on January 24, 2006, as the collateral for the establishment registration of mortgage over KRW 5376,00,000,000 from the Defendant on January 25, 2006 (hereinafter “the maximum debt amount”).
C. From October 11, 201 to 17th of the same month, C paid KRW 20,000,000 to the J which is a major shareholder, and on the 12th of the same month, C paid KRW 170,000,00 to the Plaintiff A and KRW 500,000 to the Plaintiff, respectively, and paid a large amount of money to the Plaintiff J, A, and C representative E.
G, the site location of the F branch of the Defendant Bank, is a phone call from the Plaintiff on October 18, 201, and is not a contact with K representative director C, and C is a benefit of time.