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1. On December 2, 2017, the same court shall have the same jurisdiction over the auction of real estate B in Busan District Court, and the auction of real estate C (Dual) and the compulsory auction.
Reasons
1. Basic facts
A. On February 29, 2012, the Plaintiff, while lending KRW 148,00,000 to D, completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) that constitutes a maximum debt amount of KRW 177,600,000 in the future of the Plaintiff on February 29, 2012 with respect to F apartment Nos. 103,1201 (hereinafter “instant real estate”).
The scope of secured obligation is all obligations due to credit transaction that the debtor owes to the plaintiff in the past, in the present and in the future, and obligations due to credit card transaction.
B. On February 29, 2012, the registration of creation of a neighboring mortgage, which caused the maximum debt amount of G 10,000,000, was completed in the future.
On June 4, 2013, the Plaintiff acquired the secured debt of the above secured debt, and completed the supplementary registration of the transfer of the above secured debt in the future of the Plaintiff on the same day.
C. On February 29, 2012, the Defendant completed the registration of the establishment of a neighboring mortgage, which constitutes the maximum debt amount of the Defendant 35,000,000.
On June 30, 2015, at the request of the defendant, the auction procedure of real estate was initiated as Busan District Court B with respect to the real estate in this case.
(Then, on April 26, 2017, at the request of creditor H, the procedure for compulsory auction was initiated to Busan District Court C with respect to the real estate in this case and was combined with the above case).
The auction court designated the completion period to demand distribution as September 10, 2015.
F. On October 28, 2015, the Plaintiff loaned KRW 10,000,000 to D and KRW 10,000,000 (each loan transaction agreement provides that the date of loan shall be October 27, 2015, but shall be governed by the Plaintiff’s assertion). On the same day, the Plaintiff completed the registration of the establishment of a mortgage consisting of KRW 26,00,000,00 for the instant real estate.
G. The instant real estate was sold on November 2, 2017, and the sales price was paid on December 7, 2017.
H. On December 15, 2017, the Plaintiff incurred a total of 170,686,790 of the principal and interest of the loan to an auction court.