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1. Of the instant lawsuit, part of the shares in each land listed in [Attachment 2 and 4] in [Attachment 1] 716.25/745 (class D shares).
Reasons
1. Basic facts
A. On December 7, 2010, the Plaintiff filed a claim for indemnity against Cheongju District Court No. 2010Da51592, and was sentenced by the above court on December 7, 2010 that “E shall pay to the Plaintiff 17,548,779 won and 17,519,980 won among them, 15% per annum from August 20, 2010 to November 18, 2010, and 20% per annum from the next day to the day of full payment.” The judgment became final and conclusive thereafter.
B. On the other hand, E completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with the Cheongju District Court No. 6820, Apr. 1, 2004 with respect to each land E’s share in the attached list No. 820,000 as to each land indicated in the attached list No. 1 list. 80,000.
C. The shares of each land listed in [Attachment 1] 1 and 3 among the shares of E, for which the instant right to collateral security was created, are now owned, but the shares of each land listed in Schedule 2 and 4 remain as owned shares of E only 28.75/745, and the remaining shares of 716.25/745 are transferred to Category D (hereinafter “D”) in the future.
[Ground of recognition] Evidence Nos. 1-1 to No. 2-1, and the purport of the whole pleadings
2. We examine whether the request for cancellation of the registration of the establishment of a mortgage on the part of the Category D shares was legitimate, ex officio, as to whether the request for cancellation of the registration of the establishment of a mortgage on the part of the Category D shares was legitimate, and the plaintiff is money obligee of the Category E. Thus, in the event the plaintiff won the case by exercising the right of subrogation, the necessity for preservation is recognized. Even if the plaintiff won this part of the claim, it is not the increase of the plaintiff's liability property of Category D, but the increase of the plaintiff's liability property
Therefore, this part of the lawsuit is unlawful.
3. Determination on E share
A. The Plaintiff’s summary of the Plaintiff’s assertion is the secured debt of the instant mortgage.