근저당권말소
1. The Defendant (Counterclaim Plaintiff) Company B is from December 21, 2018 to KRW 41,335,356 from the Plaintiff (Counterclaim Defendant) and its related amount.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On October 28, 2016, the Plaintiff entered into a mortgage contract with Defendant B and each of the real estates listed in the separate sheet with respect to each of the respective buildings, with the maximum debt amount of KRW 170 million, the Plaintiff, and Defendant B (hereinafter “D”) on each of the real estates listed in the separate sheet, and entered into such contract on the same day.
1.(a)
The registration of the establishment of a neighboring mortgage, such as the entry in the port, was completed.
B. On April 27, 2017, the Plaintiff entered into a contract to establish a collateral with the content that adds each right to a site to the Defendant B as collateral of the aforementioned right to a site among each real estate listed in the separate sheet, and the same day.
1.(b)
The registration of the establishment of a neighboring mortgage, such as the entry in the subsection, was completed.
(a) The instant mortgage, including the right to collateral security and the additional right to collateral security (hereinafter referred to as “instant right to collateral security”).
Defendant Credit Guarantee Fund, with Defendant B as the debtor, and the Plaintiff as the third debtor, filed an application for provisional attachment against the instant collateral security claims (Seoul District Court Decision 2018Kadan10332), and received a provisional attachment order on July 17, 2018.
Defendant C had Defendant B as the debtor, and the Plaintiff as the third debtor, filed an application for provisional attachment on the instant collateral security claim (Yanju District Court Decision 2018Kadan10401), and received a provisional attachment order on August 24, 2018.
E. Defendant B filed an application for voluntary auction (U.S. District Court Ansan Branch E) with respect to each real estate listed in the separate sheet, and received a decision to voluntarily commence the auction on June 11, 2018.
F. On December 20, 2019, the Plaintiff deposited KRW 112,057,270 in total by calculating the secured obligation of the instant collateral as KRW 108,616,130, enforcement cost, and the secured obligation of the instant collateral as KRW 3,441,140 on the grounds of the foregoing provisional attachment ruling (U.S. District Court Ansan Branch No. 14700 in 2018).
[Ground of recognition] Defendant B: The defendant Credit Guarantee Fund, as a whole, has no dispute, the entries and arguments in Gap evidence 1-1, 2, and 3, respectively, and the purport of the whole pleadings.