근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Nonparty 3’s agricultural cooperative (hereinafter “Clllur Agricultural Cooperative”) completed the registration of establishment of each of the real estate listed in the separate sheet owned by Nonparty 3 as follows.
[1] (2) . (1) . (1) on April 11, 2005, the maximum debt amount of 1.3777 billion won, the debtor A (each real estate listed in the attached Table No. 1 through No. 84) (2) on April 13, 2005, the maximum debt amount of 1.3777 billion won, the debtor A (each real estate listed in the attached Table No. 85 through No. 107 of the attached Table) (3) on March 31, 2006, the debtor A (the maximum debt amount of 420 million won, the debtor B (each real estate listed in the attached Table No. 85 through No. 107 of the attached Table) (4) on March 31, 2006, and the debtor B (each real estate listed in the attached Table) (4) on June 29, 2007, and the debtor’s list No. 2 (attached Form).
B. On December 26, 2012, the Defendant: (a) transferred the secured obligation of each of the instant collateral; and (b) completed the registration of transfer of the right to collateral on February 14, 2013, on May 22, 2013, filed an application for voluntary auction of each of the instant real estate listed in the separate list (hereinafter “instant real estate”) on the basis of the first priority right to collateral; and (c) accordingly, on the same day, the Changwon District Court (hereinafter “instant auction procedure”).
C. On July 3, 2008, the Plaintiff registered the provisional registration of the right to claim ownership transfer for the purpose of collateral on the instant real estate. On July 16, 2015, when the instant auction procedure was in progress, the Plaintiff deposited KRW 1.377 billion with the Defendant as the principal deposit on the ground that “The interested parties who completed the provisional registration of the security right for the instant real estate shall deposit KRW 1.372 billion in order to pay for the secured obligation for the first priority right of collateral security” (Seoul Daegu District Court Decision 2463 Decided 2015).
Meanwhile, at the time of the above repayment deposit by the Plaintiff, the actual secured amount of the first secured debt of the instant case is KRW 1,716,794,569.
[Ground of recognition] dispute.