근저당권설정등기말소 등
1. The plaintiff's main claim is dismissed.
2. The plaintiff's conjunctive claim shall be dismissed.
3...
1. Basic facts
A. On August 17, 2010, the Plaintiff acquired ownership by being awarded a successful bid for the land of 2012 square meters and 116 square meters (hereinafter collectively referred to as “instant land”). The Plaintiff was running a business that newly constructs real estate listed in the separate sheet (hereinafter referred to as “instant apartment”) on the ground at the time when the Plaintiff was awarded a successful bid for the instant land.
B. C around March 2015, purchased the instant land from the Plaintiff, and paid to the Plaintiff the sum of the purchase price and land usage fees during the relevant period, KRW 1.5 billion.5 billion.
C paid KRW 20 million to the Plaintiff, and agreed to set up a collateral security right, the maximum debt amounting to KRW 260 million to the Plaintiff’s Eunpyeong Saemaul Depository, and KRW 300 million to F, with respect to the instant land and apartment, in order to secure the payment of KRW 770 million, and to secure the remainder of KRW 790 million, with respect to the instant land and apartment, the collateral security right, the maximum debt amount of which is KRW 790 million, was set up.
C. On March 30, 2015, C purchased the instant land from the Plaintiff. On April 1, 2015, C purchased the instant land from the Plaintiff. On the same day, on each of the instant apartment under the name of Dlimf loan, etc. (G and H are creditors of Dlimf loan, etc.), the registration of creation of the instant land under the name of Dlimf loan, etc. (G and H are creditors of Dlimf loan) and the registration of creation of the mortgage under the name of 22083 of the Daegu District Court, Busan District Court, Busan District Court, as the receipt of April 1, 2015, the registration of establishment of the mortgage (hereinafter the Defendant’s right to collateral security), the registration of establishment of the right to collateral security (hereinafter the Defendant’s right to collateral security), and the registration of establishment of the said right to collateral security, which was the Defendant, was completed.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff's assertion 1 defendant is substantial C.