근저당권말소등기회복등기절차이행
1. The Defendant shall receive on April 26, 2019 from the Plaintiff on the 3678 square meters of Gangseo-gun D, Seocheon District Court, Seocheon District Court, Seocheon District Court.
1. Basic facts
A. On March 25, 2019, the Plaintiff registered the creation of a collateral security right (hereinafter “instant collateral security right”) with respect to the obligor’s “E” and the maximum debt amount of KRW 400,000,000 on the ground of a contract signed by the Defendant on March 22, 2019, in order to secure the credit payment claim against E Co., Ltd. (hereinafter “E”) (the representative F, the “E”).
Accordingly, the plaintiff supplied agricultural products to E on credit.
B. On April 26, 2019, the registration of the establishment of a neighboring mortgage of the instant case was cancelled on the ground of termination.
Since then, G Co., Ltd. on April 29, 2019 only called "H below the debtor corporation's "H" for the real estate in this case.
() Although the registration of creation of a mortgage over the maximum debt amount of KRW 316,00,000 has been completed, the said registration of creation of a mortgage was revoked on the ground of termination on May 15, 2019, and again, the said registration was established under the name of the debtor H and the maximum debt amount of KRW 360,000,000 under the name of the I Co., Ltd. on the same day. Thereafter, the I Co., Ltd requested a voluntary auction on the instant real estate and received a decision to commence voluntary auction at the Youngcheon District Court Young Branch Branch of the Chuncheon District Court, which was currently in progress. [The purport of each of the statements, evidence Nos. 1, 2,
2. Summary of the parties' arguments
A. The Plaintiff’s assertion did not delegate his authority to cancel the instant right to collateral security to the Defendant, etc., and the documents related to the cancellation of the instant right to collateral security, including power of attorney, were forged.
Therefore, without the Plaintiff’s consent, the Plaintiff seeks implementation of the procedure for the recovery registration of the instant right to collateral security, which was cancelled without permission.
B. In the process of selling the instant real estate with the Defendant’s consent, the Defendant’s birth of the Defendant’s assertion C may take part in the amount of KRW 400 million over three months, at the time of setting up a security for the instant real estate from K.