채무자회복등기 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 6, 2010, the Defendant awarded a successful bid of the instant land in Busan District Court D Voluntary Auction procedure, and completed the registration of ownership transfer under the name of the Defendant with respect to the instant land on January 6, 2010. On January 6, 2010, the Defendant concluded a mortgage contract with the Busan Agricultural Cooperative on the instant land with the maximum debt amount of KRW 546 million for the purpose of collateral security, and the obligor and the mortgagee concluded a mortgage contract with the Defendant and the mortgagee on January 6, 2010 with the Busan District Court Branch of Incheon District Court No. 702, Jan. 6, 2010, the establishment registration of mortgage was completed in the name of the Busan Agricultural Cooperative under the name of the Busan Agricultural Cooperative (hereinafter “instant loan”).
(hereinafter “instant 1-mortgage”). B.
On October 21, 2011, the Defendant concluded a mortgage agreement with the Plaintiff regarding the instant land with the maximum debt amount of KRW 400 million, the debtor, the debtor, and the mortgagee as the Plaintiff, and completed the registration of establishment of a mortgage in the name of the Plaintiff as the Incheon District Court Branch No. 112578, Oct. 24, 2011.
(hereinafter “instant 2-mortgage”). C.
On March 5, 2012, the Defendant entered into a sales contract with the Plaintiff on the instant land as the sales price of KRW 900 million, and the intermediate down payment of KRW 100 million shall be paid at the time of the contract, and the remainder of KRW 800 million shall be paid on March 21, 2012; however, the Defendant entered into a sales contract with the Defendant’s repayment of the instant loan to the Defendant’s Busan Agricultural Cooperative, which is accepted by the Plaintiff, and the Plaintiff’s repayment of the Plaintiff’s loan to the Defendant and the Plaintiff’s repayment of the remainder of KRW 800 million (hereinafter “instant sales contract”). On March 22, 2012, the Plaintiff completed the ownership transfer registration under the Plaintiff’s name (hereinafter “instant transfer registration”).
On April 6, 2012, the Plaintiff entered into the instant contract with the Defendant and Busan Agricultural Cooperative on April 6, 2012.