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1. The main office of this case shall be dismissed.
2. The Defendant-Counterclaim Plaintiff C’s counterclaim against the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On June 12, 1998, the Plaintiff acquired ownership of 992/3607 shares (hereinafter “Plaintiff’s shares”) among D’s 3607 square meters (hereinafter “instant real estate”). Defendant B, the husband of the Plaintiff, acquired ownership of 2615/3607 shares (hereinafter “Defendant B shares”) among the instant real estate on October 7, 200.
B. On June 9, 2005, the Plaintiff and Defendant B provided, under Article 12842 of the receipt of the Sungnam Branch of Suwon District Court, the registration of establishment of a neighboring mortgage of KRW 780,00,000 with respect to the instant real estate (the entire shares of Plaintiff and Defendant B) to Defendant B (hereinafter “the instant secured mortgage of this case”) with respect to the registration of establishment of a neighboring mortgage of KRW 780,00,000 with respect to the instant real estate (the instant secured mortgage of this case No. 6), and on March 2, 2007, the registration of establishment of a neighboring mortgage of KRW 260,00,000 with respect to the instant real estate (the entire shares of Plaintiff and Defendant B) to the National Agricultural Cooperative, the debtor of which was the Plaintiff, respectively, under Article 4852 of the same registry office.
C. On December 11, 2009, Defendant B made a registration of the establishment of a collateral of KRW 720,000,000 to Defendant C with respect to Defendant B’s share, the debtor was the maximum debt amount of KRW 720,000.
On September 10, 2009, the non-party 2 was decided to commence compulsory sale of the shares of the defendant Eul with Suwon District Court E, and the non-party 2 acquired the shares of the defendant Eul on March 25, 201 as a result of the compulsory sale procedure conducted, and the non-party 6 and 9 of this case acquired the shares of the defendant Eul. The non-party 26,621,159 won and the non-party 202,317,761 won, the secured claim amount of the non-party 6 and 9, and the defendant C, the junior mortgagee, was paid dividends of only KRW 42,596,243 won, which is part of the secured claim amount of KRW 754,126,027.
E. However, due to the dividend of the instant 9-mortgage, Defendant B as a surety to secure another’s property to secure another’s property against the Plaintiff, the registry official is either No. 6 and No. 9 of the instant 9-mortgage.