근저당권말소
1. Of the instant lawsuit, the part of the claim for cancellation of the additional registration of the right to collateral security against Defendant C is dismissed.
2. The plaintiff.
1. Basic facts
(a) A Regional Integration Housing Association 1) A (hereinafter referred to as “A association”)
(2) On March 28, 1996, a non-corporate body established for the purpose of land purchase, housing supply, etc. in Dongjak-gu Seoul Metropolitan Government, and obtained authorization for the establishment of a housing construction under the former Housing Construction Promotion Act from the head of Dongjak-gu, Seoul Metropolitan Government. The directors of the A association are six in total, and the Defendants, F, G, H, and I. 2) The A association purchased each real estate listed in the separate sheet 2 (hereinafter “instant real estate”) from around 2009 to around 2010 and completed the registration of ownership transfer.
3) On November 16, 2012, the authorization for the establishment of a cooperative was revoked. (b) On January 9, 2012, as indicated in attached Tables 3 and 4, regarding the instant real estate, the obligor of a cooperative as to the instant real estate on January 9, 2012, Defendant C completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 1.5 billion, Defendant D with the maximum debt amount of KRW 200 million, and H with the maximum debt amount of KRW 300 million, and among which, the registration of the establishment of a neighboring mortgage under H’s name was transferred in supplementary registration form to Defendant C on the same day.
2) Meanwhile, on September 8, 2016, when the lawsuit of this case brought by A Cooperatives was pending, the Plaintiff and the designated parties sold and purchased the instant real estate on August 24, 2016 (hereinafter “instant sales contract”).
After completing the registration of ownership transfer on the ground of A, the Plaintiff and the designated parties were succeeded to and participated in the instant lawsuit, and the Plaintiff and the designated parties were withdrawn from the instant lawsuit. The co-owned shares transferred from the Plaintiff and the Association were 3/67 of the Selection, K, L, M, N,O, P 2/67, P 2/67, Q 4/67, and the remaining parties were 1/67, respectively. [Grounds for Recognition] There is no dispute between the parties, Gap’s 1 through 13, and evidence Nos. 17 through 29 (including each number, and the purport of the entire pleadings and the entire arguments).
2. Determination as to the litigation requirements
A. The Defendants, as to the defense prior to the merits, succeeded to the status of a cooperative that had no standing to be a party since the authorization for establishment was revoked.