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1. The Defendant and C conclude a mortgage contract concluded on October 2, 2013 with respect to the size of 3,093 square meters in Jeonbuk-gun, Jeonbuk-gun.
Reasons
1. Facts of recognition;
A. On April 26, 1976, the Defendant married with C on May 12, 2015, but married with consultation.
B. C completed the registration of ownership transfer with respect to the real estate stated in the disposition No. 1 of March 16, 2007 (hereinafter “instant real estate”).
C. On March 17, 2008, in the Changwon District Court 2008Kadan179 case against C, the Plaintiff received a provisional attachment order regarding the instant real estate owned by C on March 17, 2008. The provisional attachment registration of the instant real estate was written on March 19, 208.
C On October 4, 2013, on the ground of a contract to establish the instant real estate (hereinafter “instant mortgage contract”) on October 2, 2013, the Defendant completed the registration of the establishment of a mortgage over the obligor C and the mortgagee as the Defendant on October 4, 2013.
On the other hand, C was in excess of debt, and the real estate was the only property of C.
E. On March 10, 2014, the Plaintiff filed a lawsuit claiming damages for delay from February 18, 2004, alleging that C provided joint and several surety loans to the Plaintiff on February 17, 2004 for the loans of the Plaintiff on February 17, 2004.
In the instant case, on July 30, 2014, the Plaintiff and the Defendant, the agent of C, constituted a conciliation that “C shall pay the Plaintiff KRW 23,200,000 and the amount calculated at the rate of 5% per annum from February 18, 2014 to the date of full payment” (hereinafter “instant conciliation”).
F. On September 4, 2014, the Plaintiff received a decision to commence compulsory auction on the instant real estate upon the instant conciliation in the Southern District Court Southern Branch F.
(g) On April 7, 2015, the Plaintiff received a provisional disposition against the Defendant regarding the right to claim the payment of dividends as stated in the attached Table to be distributed in the compulsory auction procedure of this case in the Seoul District Court Decision 2015Kadan158 on April 7, 2015.
H. The instant case.