근저당권말소
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. On March 31, 2015, C Co., Ltd. (hereinafter “Nonindicted Company”) completed the registration of creation of a collateral (hereinafter “instant collateral security”) with respect to the real estate listed in the separate sheet No. 1 attached hereto owned by the Nonparty Company, the debtor of which is the Defendant, the mortgagee, and the maximum debt amount of which are KRW 345 million.
B. From March 31, 2015 to January 11, 2017, the Defendant received reimbursement of KRW 225 million out of the secured debt of the instant right to collateral security from D, the representative of the non-party company.
C. On January 11, 2017, Nonparty Company completed the registration of the right to claim transfer of ownership on January 9, 2017 with respect to one-third share of real estate listed in the separate sheet No. 1 attached hereto to Plaintiff (Appointed Party), Appointed E, and F. D.
On January 19, 2017, new Co., Ltd. completed the registration of creation of a neighboring mortgage with the debtor D, the mortgagee, the defendant, and the maximum debt amount at KRW 345 million with respect to the real estate listed in the attached list No. 2 owned by the above company.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including additional number), Eul evidence 4, the purport of the whole pleadings
2. The Plaintiff (Appointed Party) asserts that the non-party company, on the condition that the right to collateral security established on the real estate listed in the separate sheet No. 1 is cancelled, sells the above real estate on the condition that the non-party company will cancel all the right to collateral security established on the real estate listed in the separate sheet No. 1, and that the Defendant and the non-party agreed to set up a new right to collateral security on the real estate listed in the separate sheet No. 2 with the Defendant, on behalf of the non-party company, to cancel
However, the evidence submitted by the Plaintiff alone was agreed between the non-party company and the Defendant to cancel the instant mortgage instead of obtaining the establishment of the right to collateral security on the real estate listed in the attached Table 2.