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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On April 9, 2012, Amera Korea Co., Ltd. entered into an installment financing and loan agreement (hereinafter “instant loan”) with B at the interest rate of KRW 19,350,000 per annum 6.9% per annum, 24% per annum, and 60 months in installments.
B. B delayed repayment of the instant loan on June 25, 2012, resulting in loss of the benefit of time. The sum of the principal, interest, etc. to be paid as of July 6, 2015 is KRW 24,759,853.
C. On June 11, 2014, Amera Korea Ltd. transferred the instant loan claims against B to the Plaintiff, and notified B of the said assignment of claims on July 2, 2014.
B concluded on March 8, 2013, a de facto spouse, a sales contract to sell the instant real estate, which is the only real estate B (hereinafter “instant sales contract”) and completed the registration of transfer of ownership based on the instant sales contract as the Daegu District Court’s receipt No. 7639 on the 11th of the same month.
E. Meanwhile, prior to the conclusion of the instant purchase and sale contract, the Daegu District Court completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) around the debtor B, the creditor, the Youngcheon Livestock Industry Cooperatives, the maximum debt amount of KRW 36,00,000 on September 22, 201, under the Act No. 32666, which was received on September 26, 201, and the debtor B, the creditor C, the maximum debt amount of KRW 19,90,000 on September 26, 2011, which was received on September 33143, 2011.
At the time of the conclusion of the instant sales contract, the secured claim amount of the first collateral security is KRW 30,000,000, and the secured claim amount of the second collateral security is KRW 19,900,000.
However, on March 15, 2013, the registration of the establishment of the first place mortgage was terminated on March 15, 2013, and the registration of the establishment of the second place mortgage was cancelled on June 25, 2013.
F. At the time of the conclusion of the instant sales contract, B was in excess of its obligation.
(g) trial;