근저당권설정등기 말소등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. From January 9, 2012 to June 11, 2014, the Plaintiff borrowed money from C over eight times as shown in the attached Table (However, the Plaintiff’s assertion is inconsistent with the amount of the loan) and each time completed the registration of the establishment of a neighboring mortgage on the real estate listed in the attached Table owned by the Plaintiff as security.
(B) however, there is a case where D, E, or F is considered as collateral security).
On June 11, 2014, the Plaintiff completed the registration of creation of a mortgage (hereinafter referred to as the “registration of creation of a mortgage of this case”) of the maximum debt amount of KRW 95,000,000 with the Busan District Court No. 32593, Jun. 11, 2014; and on June 12, 2014 following the following day, the registration of creation of a mortgage of the seven existing mortgages (Nos. 12 through 18) concluded on June 12, 2014 was entirely cancelled.
C. On July 4, 2014, C entered into an agreement with the Defendant on the assignment of claims to the Plaintiff regarding the transfer of claims to the Plaintiff (the agreement entered as follows: June 11, 2014; KRW 63,00,000; KRW 2.3% per month; maturity of payment on June 11, 2016; and the additional registration of the transfer of claims to the Plaintiff was completed on the ground of the transfer of contract as of July 4, 2014.
C notified the Plaintiff of the assignment of claims through a certificate of content on July 10, 2014, which reaches the Plaintiff on July 11, 2014 following the date.
E. G was ordered by the Busan District Court Decision 2014Kahap893 dated July 7, 2014 to attach claims against C (the provisional attachment of claims against the Plaintiff by C). This reached the Plaintiff on July 10, 2014.
F. On July 18, 2014, the Plaintiff entered the additional registration before the right to collateral security was completed due to a contract transfer other than the assignment of claims, and on the ground that it is difficult to understand the mutual friendlyness between the above provisional seizure and the transfer of claims, the Plaintiff deposited KRW 59,083,539 with the Defendant or G as the principal deposit on July 18, 2014 with the Busan District Court No. 5203, 2014.