임차권등부존재확인
1. It is confirmed that there is no lien on the real estate listed in the separate sheet by Defendant B.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 4 through 9, 11 to 13, and Eul evidence Nos. 2 and 5 (including each number):
On April 30, 207, the Plaintiff, a company engaged in the manufacture, sale, etc. of steel products, entered into a mortgage agreement with C as to the instant real estate owned by D (hereinafter “D”) with the Plaintiff, the obligor D, and the maximum debt amount of KRW 1 billion with respect to the instant real estate, and completed the registration of creation of a mortgage (hereinafter “instant mortgage”) with the receipt of the South-North Jeju District Court Registry of the Republic of Korea on May 2, 2007 pursuant to the said agreement.
B. Three copies of promissory notes delivered by D in return for the supply of goods to the Plaintiff (total face value of KRW 582,923,02) were defaulted, and the Plaintiff filed an application for voluntary auction to E with the court on August 6, 2007, based on the instant right to collateral security, and the instant court filed the application for voluntary auction to E on the same month.
8. Voluntary decision on commencing auction was rendered.
In the auction procedure, on November 13, 2007, Defendant A reported a right as a housing lessee with a deposit of one billion won, and Defendant B Co., Ltd. (hereinafter “B”) reported a lien of KRW 8,464,00,000 on October 9, 2007. The instant real estate was inspected several times in the auction procedure.
C. On the other hand, Defendant A’s erroneous payment of KRW 1,450,000,000 to C by directly remitting construction funds to the construction company designated by C from March 2006 to 43 times, upon receiving the request from C to lend funds for new construction projects in Southyang-si, including the instant real estate.
C On April 16, 2007, between F and F, the said loan obligation is to be repaid as the sale price of the instant real estate, and the person designated by F in preparation for the event that the sale of the instant real estate is not effected and the F in relation to the instant real estate.