근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff is the representative director of C Co., Ltd (hereinafter “C”) established for the purpose of retailing professional gas, and the Defendant is the gas wholesaler who supplied the professional gas to C from January 2008.
D is an operator of E, and from December 2010, gas sales business was conducted with the Plaintiff along with the Plaintiff.
On August 25, 2009, in order to secure the Defendant’s obligation to pay for professional gas supply, the Plaintiff completed the registration of the instant collective security interest of KRW 130,000,000 with respect to the instant apartment owned by the Plaintiff to the Defendant.
D and the Defendant trading Plaintiff supplied gas from around December 2010 to December 201, 201 to D.
D on December 30, 201, in order to secure the obligation to pay gas supply costs, the government ordered the Defendant to set up a collateral of 50,000 won for the F apartment 101 Dong 1005, the maximum debt amount.
On January 2012, the defendant started to create a new transaction code and manage credit payment claims in the future E operated by D.
From January 5, 2012 to April 25, 2012, the Defendant supplied gas equivalent to KRW 214,963,002 to D’s workplace, and the Defendant issued a tax invoice in the future.
The Plaintiff, by September 3, 2012, exercised the Defendant’s security right, paid the Defendant the full amount of gas supplied to C by September 3, 2012, and requested the cancellation of the instant mortgage registration.
However, the Defendant rejected the payment of gas supplied at D’s workplace on the ground that it was not settled, and on November 22, 2012, filed an application for voluntary auction on the apartment of this case.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 5, Eul evidence 1 (including each number), the purport of the whole pleadings.
Plaintiff’s assertion
The Plaintiff demanded the cancellation of the registration of the instant right to collateral security to secure the payment after the Plaintiff fully repaid the gas price to the Defendant, but the Defendant is D.