근저당권이전등기말소
1. The plaintiff's appeal and the changed claim in exchange in the trial are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. The Plaintiff received on December 18, 2007, from C Co., Ltd. (hereinafter “C”), the registration of the establishment of a mortgage on each real estate indicated in the separate sheet from Busan District Court as the maximum debt amount of KRW 400,000,000, the debtor C, and the mortgagee of the right to collateral security (hereinafter “C”).
(hereinafter “The instant right to collateral security”). The principal concluded a contract to establish a mortgage of KRW 400,000 with the maximum debt amount of KRW 400,00,000 on December 18, 2007 with respect to the debtor CY-dong Busan Metropolitan City, Busan Metropolitan City, and subsequently acquired the right to collateral security on real estate, and completed a registration with respect to the registration with the Busan District Court No. 70094 on December 18, 2007, the principal transferred his claim of KRW 400,000,000 against the said debtor to Ha, together with the said right to collateral security.
B. On February 13, 2013, D, the actual representative of C, signed a transfer/acquisition agreement with the Defendant on behalf of the Plaintiff (hereinafter “instant transfer/acquisition agreement”) on behalf of the Plaintiff, and drafted a deed of transfer/acquisition of the right to collateral security (hereinafter “instant deed”) under the name of the Plaintiff to the Defendant as follows.
C. After that, according to the instant transfer/acquisition contract, the Defendant completed the registration of collateral security (hereinafter “the instant registration of collateral security”) by the Busan District Court No. 7762, Feb. 20, 2013 with respect to each real estate listed in the separate sheet as to each real estate in accordance with the instant transfer/acquisition contract.
On the other hand, the registration of establishment of a neighboring real estate established at each of the above real estate was revoked upon commencement of the auction procedure (J, I, and J by Busan District Court H, I, and J) with respect to each of the real estate listed in the attached list 4, 13, 23, and 24. On July 28, 2015, the Defendant received dividends of KRW 77,613,478 as a mortgagee at the above auction procedure.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 24, Gap evidence 2, Eul evidence 15, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is that the defendant shall pay 350,000,000 won to the plaintiff in return for the transfer of the right to collateral security of this case.