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1. The vice branch court of the Incheon District Court prepared a case concerning C and D (Dual) auction of real estate as of January 10, 2017.
Reasons
1. Facts of recognition;
가. 피고의 처남댁이었던 E은 부천시 F건물 제5동 제5층 제502호(전유부분 58.495㎡, 이하 ‘이 사건 부동산’이라 한다)에 관하여 2004. 1. 8. 소유권보존등기를 마친 후, 2004. 12. 16. G에게 이를 104,000,000원에 매도하고 2004. 12. 22. 소유권이전등기를 마쳐 주었다.
G on December 22, 2004, the National Bank Co., Ltd. (hereinafter referred to as the “National Bank”) completed the registration of creation of a mortgage on the debtor G and had the National Bank pay KRW 74,930,000 to E on December 24, 200.
B. On September 13, 2005, the Plaintiff filed a lawsuit claiming damages for delay against G with the Seoul Central District Court (2005da55051), and was sentenced to the judgment that “G shall pay to the Plaintiff the amount of KRW 80,000,000 and the amount equivalent to 20% per annum from January 14, 2005 to the full payment date” (hereinafter “ judgment 1”), and the above judgment became final and conclusive around that time.
C. G: (a) on August 29, 2008, the maximum debt amount was KRW 76,700,000; (b) KRW 12,100,000 on the ground of the contract to establish a new contract on the same day on June 8, 2010; (c) each of the parties himself/herself was the debtor, and the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “the first secured mortgage” and “the second secured mortgage”) with respect to the instant real estate in sequence, on the ground of the contract to establish a new mortgage on the same day.
On April 10, 2015, the Plaintiff filed a loan claim lawsuit against G with the Seoul Central District Court (2014Gadan224255) and was sentenced to the judgment that “G shall pay to the Plaintiff the amount of KRW 33,210,000 and the amount calculated at the rate of 20% per annum from December 26, 2014 to the date of full payment” (hereinafter “instant judgment”).
E. On April 20, 2016, the Plaintiff is entitled to KRW 33,210,000 and to KRW 20% per annum from December 26, 2014 to the date of complete payment with respect to the claim amount of KRW 33,210,00.