근저당권말소
1. Appeal by the Defendant (Counterclaim Plaintiff) Bank and the Defendant (Counterclaim Plaintiff) Company B against each principal claim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The status of the party is that the Plaintiff is the owner of the real estate listed in the attached Table 1 (hereinafter referred to as “instant land”) as a clan with C’s 62 years of age as a joint ancestor D, and the Defendant B is a corporation with the purpose of operating the golf course.
B. On November 20, 2004, the Plaintiff was divided into the land of Asan City E (F on June 14, 2007 and the land of this case) by holding a clan assembly around November 20, 204.
hereinafter referred to as “land before the instant partition”
(2) Around March 23, 2005, Defendant B entered into a contract to sell the land prior to the instant partition to L in the name of the major shareholder at the time of the instant division (hereinafter “instant contract”) and KRW 30 million on the same day, and KRW 100 million was paid from L, respectively, on May 4, 2005, the intermediate payment of KRW 100 million, and the balance of KRW 1770 million on November 3, 2006, even though the Plaintiff had not been authorized to dispose of the property by the Plaintiff.
3) Even though G did not have the authority to dispose of the property from the Plaintiff, on June 14, 2007, when the instant land was divided from the land prior to the instant partition, G completed the registration of ownership transfer as to the instant land on June 14, 2007, which was received on June 14, 2007 by the Daejeon District Court, the Daejeon District Court’s Dasan Branch Office, which was located on June 14, 2007, for the instant land (hereinafter “the instant registration”) and completed the registration (hereinafter “the instant registration”).
(C) Defendant B was granted authorization on December 21, 2007 and the implementation plan on August 20, 2012, 2012, with the difference between KRW 300 million and KRW 1100 million in the purchase price of the instant land. C. Defendant B’s implementation of the development project by Defendant B and establishment of the right to collateral security in the future of the Defendant Industrial Bank of Korea.