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1. The Defendant’s lien on real estate listed in the separate sheet shall not exceed KRW 13,823,00 of the secured debt.
Reasons
Basic Facts
B On October 4, 2005, the building of this case was awarded at the voluntary auction procedure commenced as Chuncheon District Court Won Branch C on October 4, 2005, and on January 16, 2007, the sales price was paid in full.
B During the same day, B entered into a mortgage contract with the debtor D and the maximum debt amount of KRW 262,600,000, and on the same day, the Plaintiff completed the registration of the establishment of the neighboring mortgage.
On the other hand, the Defendant’s husband E, as a facility business operator around November 2003, was awarded a contract for heating installation works among the new construction works of an apartment building to which the instant building belongs, and completed around April 2004. However, as the construction cost was not paid, the Defendant began to occupy the instant building with the Defendant and completed the move-in report on July 26, 2005.
E on March 6, 2008, the claim for the construction cost of KRW 290,000,000 and the damages for delay are the secured claim, and E applied for voluntary auction based on the lien on the instant building. On April 15, 2008, the procedure of voluntary auction was commenced by the Chuncheon District Court G with the original District Court G on April 15, 2008.
H was awarded a successful bid of the instant building in the above auction procedure and paid in full KRW 10,368,00 on March 7, 201, and E did not deliver the instant building even if he was paid a total amount of the proceeds of sale as the lien holder, H applied for an order of delivery of the instant building to Chuncheon District Court Won Branch I for the order of delivery of the real estate against E, and received the decision of acceptance on April 8, 201.
E filed an immediate appeal against the above decision of acceptance on April 19, 2011, while proposing H to enter into a new lease agreement, and H set the inside part of the instant building as KRW 20 million and the period from April 20, 201 to 24 months from April 20, 2011 to the Defendant, who is the wife of E, was the Defendant.
(hereinafter “instant lease agreement”). The Defendant is the same day H.