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1. The judgment of the court of first instance is modified as follows.
Suwon District Court E Real Estate Voluntary Auction case.
Reasons
1. Basic facts
A. On January 31, 2011, in order to secure Defendant C’s loan claims against Defendant C with respect to Defendant C’s loan claims, the right to collateral security was established regarding the F land and G land and the F ground buildings owned by the Plaintiff (hereinafter collectively referred to as the “each of the instant real estate”), Defendant C, the maximum debt amount, KRW 200,000,00, and the right to collateral security (hereinafter referred to as the “mortgage 1”).
B. Defendant D’s agreement on August 10, 201 to grant a loan of KRW 250,000,000 to Plaintiff B on August 10, 201, setting the due date for reimbursement of KRW 250,000 on August 10, 201, the interest rate of KRW 24% per annum (payment on August 10, 201), and the compensation rate for delay at 42% per annum (hereinafter “instant loan agreement”).
(2) On August 17, 201, the Defendant D, the maximum debt amount of KRW 375,000,000,000 and KRW 220,000 were each paid on August 22, 2011 to secure the above loan repayment claim. (2) On August 17, 2011, for the purpose of securing the above loan repayment claim, Defendant D, the maximum debt amount of KRW 375,00,000, and the F ground building owned by the Plaintiff as joint collateral, were set up as the collective collateral (hereinafter “instant second collateral collateral mortgage”), and thereafter, on March 21, 2012, the additional registration was completed to add the G land owned by the Plaintiff to the joint collateral.
3) On March 21, 2012, Plaintiff B and Defendant D agreed to change the interest rate of the instant loan agreement from 24% per annum to 30% per annum. 4) On September 25, 2014, each of the instant real estate as joint collateral for the said loan repayment claim was additionally created with Defendant D, the maximum debt amount of which was 206,70,000 won, and the right to collateral security (hereinafter “third collateral security”) with Plaintiff B as the obligor’s joint collateral.
C. The Defendants’ dividends 1) As to each of the instant real estate in the auction case, Defendant C’s application was made on March 15, 2016, and the decision to voluntarily commence the auction was made on March 15, 2016.