근저당권설정계약 무효 확인 등
1. Defendant Lee Jong-chul, Inc., and D, as to each of the Plaintiff, KRW 120,571,584, and Defendant Lee Jong-chul, Inc.
1. Circumstances leading to the dispute of this case;
A. On December 27, 201, the registration of ownership transfer was completed in the name of E, which was based on the voluntary auction under Article 56641, received by the Suwon District Court Yangyang registry office on December 27, 201 with respect to each real estate listed in the separate sheet.
The defendant company and the net F, together with funds, purchased each real estate listed in the separate sheet in the name of E in the above auction procedure, and the plaintiff lent KRW 200,000,000 to the defendant company and the net F.
B. On December 27, 2011, the registration of creation of a first priority collective security (hereinafter “instant first collective security”) was completed as to each real estate listed in the attached list, under Article 56642 of the same registry office’s receipt on December 27, 201, consisting of the maximum debt amount of KRW 1,800,000,000,000, the debtor E-mortgage and the National Federation of Fisheries Cooperatives (hereinafter “NFC”) (hereinafter “instant first collective security”).
C. On December 27, 201, under Article 56643 of the same registry office’s receipt of each of the real estate indicated in the separate sheet, the registration of creation of a mortgage over the second priority (hereinafter “the second priority mortgage”) comprised of the maximum debt amount of KRW 325,00,00,000, the debtor, the mortgagee, and the plaintiff of the right to collateral security (hereinafter “the second priority mortgage”) and ② the registration of creation of a mortgage over the same priority (hereinafter “the third priority mortgage”) that became the debtor, E, and the defendant of the right to collateral security (hereinafter “the third priority mortgage”).
Attached Form
On February 29, 2012, the provisional attachment registration of the claim amounting to the 3rd collateral security (2012Kahap14) was completed on February 8, 2012 by the receipt of the same registry office on February 29, 2012, the registration of provisional attachment of the claim amounting to the 163,232,876 won, the creditor C and B, and the creditor C and B.
E. On November 14, 2012, regarding each real estate listed in the separate sheet, the instant third collateral security was received by the same registry office, No. 4948, Nov. 14, 2012, and the grounds for registration, part of the confirmed claim transfer amount, the transfer amount of KRW 240,000,000, and Defendant D with regard to the right to collateral security.