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1. Revocation of a judgment of the first instance;
2. On February 5, 2016, the above court in relation to the DD real estate auction case of the Gwangju District Court.
Reasons
1. Basic facts
A. On October 26, 2012, the Defendant lent KRW 100,000,000 to E as the fund for the establishment and operation of the F Co., Ltd. (hereinafter “instant company”) and served from the said company to the person in charge of accounting until January 2014.
B. Around the retirement of the instant company, the Defendant demanded the return of KRW 100,000,000 to E.
E around January 2, 2014, around January 2, 2014, the Defendant: (a) the obligor; (b) the obligor; (c) the wife; and (d) the obligor; and (c) the obligor; and (d) the amount of the loan as KRW 100,000.
C. On January 8, 2014, A made a registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) of KRW 100,00,000 on the ground of a mortgage agreement on January 7, 2014 with respect to G apartment 1008, 103, G apartment owned by the Defendant (hereinafter “instant real estate”) on the part of the Defendant on the ground that the mortgage agreement was concluded on January 7, 2014 (hereinafter “instant mortgage agreement”).
At the time of conclusion of the instant mortgage contract, the instant real estate was set up 20,000,000 won, 106,800,000 won as the mortgagee, and 20,000 won as the maximum debt amount, each of which was set up on the instant real estate, 106,80,000 won as the mortgagee.
On the other hand, Han Capital Co., Ltd. transferred the collateral security right No. 9 on January 28, 2015 to Gwangju Senior Marshall loan.
E. On April 20, 2015, A filed a petition for bankruptcy and immunity with the Gwangju District Court. On November 18, 2015, the said court declared bankruptcy with respect to A, and appointed the Plaintiff as a trustee in bankruptcy of the debtor in bankruptcy on the same day.
(B) On June 9, 2015, the Gwangju District Court rendered a voluntary decision to commence the auction on the instant real estate (hereinafter “instant auction procedure”), and on the date of distribution open on February 5, 2016, Gwangju Mine District Court KRW 181,900, KRW 106,800, KRW 106,000 to the subordinate Agricultural Cooperative, and Gwangju Metropolitan City Loans to the Seoul Metropolitan City Co., Ltd.