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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. In the first instance court, the Plaintiff sought from the Defendants the implementation of each procedure for recovery registration, such as the purport of the claim, and the first instance court dismissed both the Plaintiff’s primary claim and the conjunctive claim.
In this regard, the plaintiff appealed only against the main claim, so this Court's judgment is limited to the main claim of the plaintiff.
2. Basic facts
A. The Plaintiff entered into a oil supply contract with D Co., Ltd. (hereinafter “D”) around May 2012, as a company engaging in the wholesale and retail business of petroleum, the gas station operation business, etc.
B. The Plaintiff completed the registration of the establishment of a mortgage on the instant 1 through 3 real estate (hereinafter collectively referred to as the “each of the instant real estate”) owned by the Defendants as security of the said fuel payment claim against D as follows.
(hereinafter in the order, “the establishment registration of the 1 to 3 neighboring mortgage” and “the establishment registration of the 1 to 3 neighboring mortgage of this case” in the total of the establishment registration of the above neighboring mortgage of this case.
On June 21, 2012, the registration of cancellation was completed on August 3, 2012 with regard to the establishment registration of the instant real estate owned by the Defendant, under Article 58701, which was received on June 21, 2012, with respect to the registration of the establishment of the instant real estate owned by the Defendant, with the maximum debt amount of KRW 2 billion, the debtor D, and the mortgagee as the Plaintiff, and the registration was completed on August 3, 2012.
On May 24, 2012, the registration of cancellation was completed on July 17, 2012 with regard to the registration of creation of a neighboring mortgage owned by the Defendant B, the registration of cancellation was completed on the ground of termination with regard to the registration of creation of a neighboring mortgage owned by the Defendant B, the maximum debt amount of KRW 500,000,000,000,000,000,000,000,000,000.
E. As to the instant three real estate owned by Defendant C, the Government Registry of the District Court with regard to the pertinent three real estate (hereinafter “The Government Registry”) was received on May 24, 2012, the maximum debt amount was KRW 500 million, the debtor D, and the mortgagee.