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1. The judgment of the court of first instance is modified as follows.
Suwon District Court B Real Estate Auction B, C.
Reasons
1. Basic facts
A. (1) On April 21, 1999, D completed the registration of ownership transfer claim on April 20, 1999 with respect to one-half shares of each real estate listed in the separate sheet owned by D (hereinafter “instant real estate”).
(2) On September 9, 2010, D completed on September 9, 2010 the registration of creation of a mortgage on the instant real property to the Defendant, the maximum debt amount of KRW 500 million, D, the debtor, and the mortgagee as the Defendant.
(hereinafter “instant collateral security”). B.
The Plaintiff was sentenced to the judgment in favor of the Plaintiff that “D shall pay to the Plaintiff 181,551,671 won and interest thereon at the rate of 20% per annum from July 20, 2014 to the date of full payment,” which became final and conclusive on November 5, 2014.
(hereinafter referred to as the “final and conclusive judgment on the acquisition money of D”).
On March 4, 2015, based on the final judgment of transfer money against D, the Plaintiff filed an application for a compulsory auction on the instant real estate owned by Suwon District Court B, Suwon District Court B, B, and received a decision to commence compulsory auction on March 5, 2015. The Defendant filed an application for a voluntary auction on the instant real estate with the same support C on October 19, 2015, as a mortgagee, and received a decision to commence voluntary auction on October 20, 2015.
(hereinafter referred to as “instant auction procedure,” in total of the above auction procedures D.
(1) In the instant auction procedure, on May 30, 2016, the executing court rendered a decision that permits the sale of the instant real estate to the court auction bank Co., Ltd. (the highest bidder) (the sales price of KRW 247,779,000).
(2) On June 28, 2016, on the instant real estate, the court auction bank (hereinafter “the court auction bank”) completed the registration of ownership transfer on June 22, 2016 for the reason of sale by compulsory auction.
E. On July 20, 2016, the executing court at the date of distribution of the auction procedure of this case, at KRW 247,779,000, the proceeds of sale of the instant real estate.