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1. As to the real estate stated in the attached list to the plaintiff, the defendant shall have the name of the Dongwon District Court's U.S. branch office on the attached list.
Reasons
1. Facts of recognition;
A. The Plaintiff, B, and C jointly operated the liquor sales chain D Limited Company (hereinafter “D”), but around February 2008, the Plaintiff transferred D to Nonparty E (hereinafter “Reconsent Company”).
B. On October 208 through November 11, 2008, the Plaintiff, B, and C concluded an agreement between the Nonparty Company and the Nonparty Company to re-assign the D’s 2.5 billion equity interest to KRW 500 million and jointly operate it. Of the above KRW 500 million, the part of the Plaintiff, B, and C’s failure to prepare cash was to provide the creditors of the Nonparty Company with real estate owned by the Plaintiff, B, and C as a water guarantee (hereinafter “instant agreement”).
C. Accordingly, the Plaintiff paid KRW 60 million in cash to the non-party company at the time of the instant agreement. On January 23, 2009, the Plaintiff concluded a mortgage agreement with the Defendant regarding the real estate listed in the separate sheet owned by him (hereinafter “instant real estate”) with regard to KRW 100 million (hereinafter “instant mortgage agreement”). On the same day, on the same day, the Defendant completed the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”) with respect to the establishment of a mortgage between the Defendant and the non-party as to the real estate indicated in the separate sheet owned by him, under Article 2199 of Suwon District Court No. 2199, Jun. 23, 2009.
From January 2010 to March 31, 2012, the non-party company sold all the property, such as D’s license, goodwill, etc. in order.
E. The Plaintiff, who was employed by Nonparty Company with KRW 5 million monthly salary, was retired on or around February 28, 2013.
F. On August 16, 2016, the Defendant filed an application for voluntary auction of the instant real estate by means of the instant collateral security (hereinafter “instant application for auction”).
[Grounds for Recognition: The descriptions of Gap evidence 1, 2, Eul evidence 5, and the purport of the whole pleadings]
2. Judgment on the parties' arguments
(a)a Party;