근저당권말소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The registration of preservation of ownership in the name of the Republic of Korea on June 8, 1971 was completed with respect to A 1101 square meters and B 345 square meters at the time of the establishment of a basic fact.
On July 10, 1996, the registration of ownership transfer was completed on July 10, 1996 with respect to the share of 496/1101 square meters in A, and the share of 1792/3445 square meters in B, 345 square meters in B, and the share of 345 square meters in C.
On January 16, 2004, among the shares of 248/1101 square meters in A, and the shares of 896/3445 square meters in B, each of the 3445 square meters in B, the registration of ownership transfer was completed under D and E’s name. On the same day, the registration of the Jinwon District Court for each of the above shares was completed on January 16, 2004 and the registration of the establishment of a mortgage with respect to each of the above shares was completed on January 2634, 2004 by the Changwon District Court, Jindong-dong Agricultural Cooperative, the maximum debt amount of 273,00,000,000 won, and the debtor D.
A on November 11, 2004, each of the lands listed in paragraphs 1 and 3 of the attached Table (hereinafter “instant land”) was divided into the land indicated in the attached Table Nos. 1 and 3 on November 11, 2004; B, 3445 square meters on November 11, 2004, and each of the lands listed in paragraphs 2 and 4 of the attached Table (hereinafter “instant land Nos. 2 and 4”).
On November 24, 2004, the ownership transfer registration was completed for shares 302.5/1101 out of the land No. 1 of this case and for shares 826.5 out of the land No. 2 of this case, under D and E, for shares as a result of a consultation division. On November 26, 2004, for shares 248/101 out of the land No. 3 of this case and each share 896/345 out of the land No. 4 of this case, the ownership transfer registration was completed under the name of the Republic of Korea for shares 896/345 out of the land No. 3 of this case.
After that, on February 15, 2010 with respect to the land Nos. 1 and 2 of this case, the registration of creation of a neighboring mortgage with the debtor E was completed on February 15, 2010.
[Reasons for Recognition]
2. On November 16, 2004, the Plaintiff’s assertion was made on November 16, 2004, when the land A, 1101 square meters and B, 3445 square meters is divided into each land of this case, the registration of the establishment of a mortgage in the name of the agricultural cooperative in Jindong-dong-dong Agricultural Cooperative, which was the co-owner, on January 16, 2004 with respect to the land of this case.