근저당권말소
1.For the plaintiff: (a)
In view of the respective real estate listed in the attached list No. 1, Defendant C shall be affiliated with the Daegu District Court of Justice, Doldong Registry, June 30, 2006.
1. Facts of recognition;
A. As to the real estate recorded in the separate list No. 1, Defendant C, as joint collateral, completed the registration of the establishment of a mortgage on the real estate indicated in the separate list No. 15753, Jun. 30, 2006 and the real estate indicated in the separate list No. 15753, Jun. 30, 2006. Defendant D completed the registration of the establishment of a mortgage on Oct. 5, 2007, the debtor and the maximum debt amount of which are one billion won as joint collateral. < Amended by Presidential Decree No. 26436, Oct. 5, 2007>
Defendant D is a third-class mortgagee with respect to each real estate listed in the attached list No. 1, and is a second-class mortgagee with respect to real estate listed in the attached list No. 2.
B. On December 7, 2009, at the meeting of interested parties, the rehabilitation plan (hereinafter “the rehabilitation plan in this case”) was approved by Nonparty A at the Daegu District Court Decision 2009Kahap26, but the rehabilitation plan was not implemented thereafter, but the rehabilitation plan was subsequently decided on June 19, 2013. However, the immediate appeal was filed, but the decision was finalized on August 5, 2013, and the deposit was not deposited. On the same day, the plaintiff was appointed as the trustee in bankruptcy.
C. According to the instant rehabilitation plan, each of the real estate listed in the separate sheet Nos. 1 and the real estate listed in the separate sheet Nos. 2 are changed to the loss of the Defendant’s respective security rights.
【Defendant C’s ground for recognition: A without dispute, each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings, Defendant D: Article 208(3)2 of the Civil Procedure Act (in the event of absence, deemed confessions due to non-appearance)
2. Determination
A. The rehabilitation plan shall become effective from the time when the decision for authorization is made (hereinafter “Act”).
(Article 246) and when it is decided to authorize the rehabilitation plan, the debtor shall be entitled to all rehabilitation claims except the rights that are recognized by the rehabilitation plan or the law.