(영문) 대구지방법원포항지원 2015.05.14 2014가단7795



1. The contract to establish a mortgage between the Defendant and C on June 21, 201 regarding the real estate stated in the attached list.


1. Basic facts

A. C’s son assaulted the Plaintiff on April 4, 201, around 01:30, around G on April 4, 201, and thereby inflicted injury on the Plaintiff, such as flabing and flabing surgery, and flabing surgery.

F was a minor at the time.

B. Accordingly, on June 1, 2011, the Plaintiff filed a lawsuit for damages (hereinafter “related civil lawsuit”) against C, F, G, etc. at this court No. 2011Ga6289.

On the 15th of the same month, 30 million won, out of the damages against C as preserved claims, filed an application for provisional seizure against the real estate listed in the separate sheet No. 201Kadan12000 (hereinafter “instant real estate”) with this court, and the provisional seizure against the instant real estate was completed on the 24th of the same month after receiving a decision of provisional seizure.

(hereinafter referred to as the “instant provisional seizure”) C.

C On June 21, 2011, the Defendant entered into a mortgage agreement with regard to the instant real estate (hereinafter “mortgage agreement”). On the same day, C concluded a mortgage agreement with the Defendant (hereinafter “mortgage”) and completed the registration of the establishment of mortgage for the Defendant, the obligor C, and the mortgagee (hereinafter “mortgage creation registration”).

In a related civil lawsuit on October 29, 2013, the Plaintiff was sentenced to the judgment of the provisional execution sentence (hereinafter “instant judgment”) that “F, C, G, etc. shall jointly and severally pay to the Plaintiff 213,641,445 won and interest calculated at the rate of 5% per annum from May 5, 2011 to October 29, 2013, and 20% per annum from the next day to the date of full payment.”

On December 5 of the same year, the Plaintiff applied for a compulsory auction for the instant real estate as D of this court on the title of execution.

E. The instant real estate was sold in KRW 131,79,990, and the said court, on August 21, 2014, prepared a distribution schedule that distributes KRW 30,000,00 to the Defendant, who is the mortgagee, and KRW 34,887,450, who is the applicant creditor and the right to demand distribution, to the Plaintiff, who is the applicant creditor and the right to demand distribution.