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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Attached Form
2. Each real estate listed in the list 1 and 2 was completed in the name of Dong C, and the ownership transfer registration was completed with respect to 1/2 shares in the name of Dong C and C, and the real estate listed in the separate list 2 list 3 was completed in the name of Dong C and C, and the mortgage contract was concluded with respect to each real estate listed in the separate list 2 list 3 with respect to 1/2 shares. However, the F Co., Ltd. (hereinafter “I”) was successively changed in sequence to Dong, C, and E on December 17, 2007 between D, C, and E, and the maximum debt amount of 2.6 billion won within the limit of KRW 2.6 billion, currently, each real estate listed in the separate list 2 list in order to secure the debtor’s debt, various loans, debt, guarantee debt, and all other debts. The mortgage contract was concluded with respect to each real estate listed in the separate list 3,000,000 won (hereinafter collectively collectively referred to as “the instant real estate”).
Since then, on April 6, 2009, the registration of the establishment of a neighboring mortgage of this case was cancelled by the Seoul Central District Court Gangnam Branch of the Seoul Central District Court No. 2708, Apr. 7, 2009.
After the establishment registration of the instant real estate was revoked, on March 8, 2010, the establishment registration of the instant real estate was completed on the basis of the maximum debt amount of 3.5 billion won, the debtor D, E, and the mortgagee as the defendant.
However, between the Plaintiff and the Plaintiff on April 20, 2010, I concluded a contract on the transfer of collateral security with respect to the instant real estate (hereinafter “mortgage transfer contract”) with the purport of restoring the establishment registration of collateral security regarding the instant real estate, which was cancelled in order to secure all obligations, such as early repayment due to the nonperformance of obligation owed by I to the Plaintiff in connection with a non-registered overseas bond with the Plaintiff on September 9, 2009.