말소 근저당 회복등기청구 등
1. The Plaintiff:
A. Defendant B is the Suwon District Court’s Gyeyang-gu registry office with respect to the area of 592 square meters per 592 square meters per Dongpo-si, Mapo-si.
1. Basic facts
A. As to the Plaintiff’s land owned by Defendant B (hereinafter “instant land”), the Plaintiff entered into a mortgage agreement with Defendant B on January 15, 2013 with the maximum debt amount of KRW 190,000,000, and completed the registration of the establishment of the mortgage (hereinafter “mortgage”) as the registration office of Suwon District Court No. 1954, Jan. 22, 2013, which received on January 22, 2013.
B. On May 19, 2014, Defendant B’s cancellation of the registration of the establishment of a mortgage and the criminal case involving Defendant B’s registration of the establishment of a mortgage in the instant case was revoked on the ground of the termination on May 14, 2014, as the receipt of the above registry office No. 66947, and as of May 14, 2014, Defendant B was sentenced to a fine of KRW 3 million on the grounds of the fact that the Plaintiff and the power of attorney
(The District Court 2015 High Court 1655). (c)
(1) The Defendant Military Community Federation concluded a mortgage agreement with the Plaintiff regarding the instant land as KRW 142,80,000 with the maximum debt amount on May 15, 2014, and completed the registration of the establishment of a mortgage under the No. 67862, May 20, 2014. (2) Defendant D entered into a mortgage agreement with the Plaintiff regarding the instant land with the maximum debt amount KRW 19,900,000 with the maximum debt amount on May 19, 2014, and completed the registration of the establishment of a mortgage agreement under the No. 67863, Jun. 20, 2014 with the same registry office as of May 20, 2014.
3) As to the instant land, Defendant C, the husband, completed the registration of ownership transfer on June 1, 2015 with the same registry office received on June 2, 2015, on the ground of donation on June 1, 2015. D. A decision to commence compulsory sale on the instant land was made on January 7, 2016 upon the creditor F’s request, and Defendant C, the owner of the instant land, filed a lawsuit of objection against F (this Court Decision 2016Da103284, Apr. 2, 2015).