근저당권말소
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 26, 2006, Korea Mutual Savings Bank Co., Ltd. (the former Mutual Savings Bank was changed to the former Mutual Savings Bank; hereinafter, the latter Mutual Savings Bank, regardless of whether it was before or after the change of the trade name, a monetary loan agreement stating that B, as of October 26, 2009, shall be given a loan by setting KRW 500 million from the former Savings Bank as the due date for repayment.
B. On October 17, 2005, with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of the establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) was completed on October 17, 2005, with the whole savings bank, the debtor, the maximum debt amount of KRW 30,000,000,000,000. However, on October 27, 2006, the Plaintiff completed the registration of the alteration of the right to create a mortgage (hereinafter “registration of establishment of a mortgage”) that changed from the Plaintiff to B on the ground of the acquisition of a contract by the former Savings Bank on October 26, 2006.
(On the other hand, on October 27, 2006, the Plaintiff completed the registration of the establishment of a mortgage on the real estate of this case to the Jeonju Savings Bank on October 26, 2006, which was based on the contract made on October 26, 2006, including the deposit bank for Jeonju Savings, the debtor B, the maximum debt amount, 60 million won, but the registration of the establishment of a mortgage was cancelled on April 16, 2007).
On February 3, 2012, the Jeonju Savings Bank was declared bankrupt by the Jeonju District Court 2012Hahap2, and on February 23, 2012, the Defendant was appointed as the trustee in bankruptcy of the Jeonju Savings Bank.
On December 18, 2012, the Defendant filed an application for voluntary auction with respect to the portion of KRW 1073 out of KRW 3220,00,000,000 in Jeonju District Court F (G consolidation) of the instant real estate and Jeonju-si H 1,182 square meters. In the process, the Defendant prepared a distribution schedule with respect to the instant real estate, in which the Defendant received KRW 30 million in the first order.
E. On March 24, 2014, the Plaintiff was subject to a provisional disposition prohibiting dividend payments by the Jeonju District Court 2014Kadan942 with respect to the Defendant’s dividend payment claim.
[Reasons for Recognition]