근저당권말소
1. As to each real estate listed in the separate sheet to the Plaintiff:
A. Defendant B is the Macheon District Court’s Macheon Registry on 2008.
1. Facts of recognition;
A. The Plaintiff, as the owner of each real estate listed in the separate sheet (hereinafter “instant land”), entered into a contract for aggregate extraction and development of aggregate buried in the said land with D Co., Ltd. around April 2008, the Plaintiff set the contract deposit at KRW 400 million, and the contract period from April 27, 2008 to January 29, 2010.
B. The Plaintiff provided security for the amount equivalent to 130 million won of the contract deposit paid by D Co., Ltd. to the Plaintiff. The Plaintiff completed the registration of creation of each of the maximum debt amounts of KRW 520 million in the name of D, No. 17226, Apr. 30, 2008, under the Jung-gu District Court Decision No. 17226, Apr. 30, 2008, with respect to the instant land.
(hereinafter “instant collateral security”). C.
On April 3, 2009, the Plaintiff sold the instant land and one parcel, other than the instant land, to E Co., Ltd. in KRW 4.7 billion, and the down payment in KRW 7.5 billion shall be paid within KRW 3.995 billion at the time of concluding a contract, and the remainder shall be paid within 60 days, and the contract deposit received from D from the down payment shall be deducted in KRW 400 million.
As of April 6, 2009, each transfer registration in the name of E Co., Ltd. was completed on the land of this case.
E. On October 8, 2008, Company D changed its trade name to F, and merged Company E on December 30, 201, and changed its trade name to C (the Defendant Intervenor; hereinafter “Supplementary Intervenor”).
F. On December 17, 2014, the registration of the transfer of the right to collateral security in the instant case was completed on December 18, 2014 due to the transfer of confirmed claim on December 17, 2014.
G. Defendant National Bank Co., Ltd completed the provisional disposition registration on April 24, 2015, upon receipt of the order of provisional disposition as the District Court 2015Kahap116 with respect to the instant right to collateral security.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including virtual number), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion on the ground of the claim 1.