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1. On June 24, 2015, between Defendant A and D as to the real estate stated in the separate sheet, and between Defendant B and D.
Reasons
1. Basic facts
A. On September 1, 2014, the Plaintiff loaned KRW 200 million to F Co., Ltd. (hereinafter “F”) at the interest rate of KRW 3.19% per annum and KRW 200 million per annum in equal installments. D, the representative director of F, guaranteed the above loan obligation up to KRW 240,00,000.
B. Since February 1, 2016, F lost the term interest on June 21, 2016 by failing to repay the above loan obligations, and on March 21, 2017, the balance of the above loan obligations as of March 21, 2017 is KRW 297,897,632.
C. On June 24, 2015, D entered into a mortgage agreement with Defendant A (hereinafter “instant first mortgage agreement”) with regard to the real estate listed in the attached list (hereinafter “instant real estate”). On the same day, D concluded a mortgage agreement with Defendant A (hereinafter “instant first mortgage agreement”) with the maximum debt amount of KRW 100 million, and the establishment registration of a mortgage prior to the debtor D (hereinafter “instant first mortgage agreement”) with Defendant B with the Defendant on June 24, 2015 (hereinafter “instant second mortgage agreement”). On the same day, D entered into a mortgage agreement with Defendant B with the maximum debt amount of KRW 50 million, and the establishment registration of a mortgage prior to the debtor D (hereinafter “the establishment registration of a mortgage prior to the second of the instant case”) with Defendant C Co., Ltd. (hereinafter “Defendant C”) with the debtor on October 21, 2015 (hereinafter “instant maximum debt amount of KRW 300,000,000,000).
After that, on March 14, 2017, the Daegu District Court E procedures for the instant real estate auction (hereinafter “instant auction procedures”) had been completed with respect to the instant real estate, a distribution schedule was prepared with the content of allocating KRW 100 million to Defendant A, who is a mortgagee, and KRW 50 million to Defendant B, and KRW 2,396,006 to Defendant C (hereinafter “instant distribution schedule”).