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1. Although the Plaintiff did not specify the counter-party to the implementation of the cancellation registration procedure in the purport of the claim, the Plaintiff did not enter C.
Reasons
1. Basic facts
A. On June 22, 2012, the Plaintiff’s claim against Nonparty C against Nonparty C, D, and E filed a lawsuit claiming the amount of transfer from this court to the day of complete payment, and on June 22, 2012, the amount calculated by applying 17% per annum for KRW 90,294,47 and KRW 32,803,735 among them, from March 1, 2012 to the day of complete payment; D, jointly and severally with Defendant C, jointly and severally with KRW 11,277,374 out of the amount described in the foregoing paragraph (a) and KRW 4,642,062 from March 1, 2012 to the day of complete payment; E was jointly and severally with Defendant C to the amount of KRW 37,642,75,715 and KRW 17515,278,415 of the above amount to KRW 37,7515,2615.
B. On July 1, 1993, Defendant A agreed to conduct a partnership business with C and its husband, and invested KRW 90,000,000 with the business fund. As D and C failed to perform the above business, Defendant A agreed to pay KRW 50,000,000 with the annual interest rate of 10% on February 1, 1995 (hereinafter “instant agreed amount claim”).
C. On February 4, 1995, Defendant A completed on February 3, 1995, the establishment registration of a mortgage (hereinafter “instant real estate”) with respect to the real estate as indicated in the [Attachment] (hereinafter “instant real estate”) on the ground of the mortgage contract on February 3, 1995. Defendant A completed the establishment registration of a mortgage (hereinafter “mortgage”) consisting of the maximum debt amount of KRW 50,000,000 on the ground of the mortgage contract. On December 16, 2004, Defendant B completed the establishment registration of a mortgage (hereinafter “mortgage”) consisting of the maximum debt amount of KRW 50,000 on the said real estate as the ground of the mortgage contract.
C’s insolvent C has no particular property other than the instant real estate, and is currently insolvent, such as bearing the instant debt against the Plaintiff.