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1. The contract to establish a mortgage concluded between the Defendant and C on March 16, 2015 and each real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On March 11, 2015, the appellate court (Seoul Western District Court 2014Gahap31318) filed a lawsuit against C to claim the name of the building, damages, etc. (Seoul Western District Court 2014Gahap31318) rendered a judgment on March 11, 2015 that “C shall pay to the Plaintiff 39,63,804 won and 9,000,784 won among them, 20% per annum from January 22, 2015 to the day of full payment, 390,63,020 won per annum from January 22, 2015 to March 11, 2015, and 20% per annum from the next day to the day of full payment to the day of full payment (Supreme Court 200% interest per annum from March 11, 2015 to the day of full payment).” The final judgment of the appellate court became final and conclusive by the Plaintiff and C.
B. Meanwhile, C is the above.
On March 16, 2015, when the lawsuit of this case was pending, each of the establishment registration of the mortgage contract of this case (hereinafter referred to as the "each of the instant mortgage contracts") which was concluded on March 16, 2015 with the Defendant, who is the birthee, as joint collateral, as the maximum debt amount of 300,000,000 won, and the grounds for registration as the mortgage contract of this case (hereinafter referred to as the "mortgage contract of this case") was completed on March 16, 2015.
C. 1) On September 9, 2015, upon the Plaintiff’s request, the Seoul Central District Court D rendered compulsory decision to commence the auction of each of the instant real estate (hereinafter “instant auction procedure”).
In the instant auction procedure, on May 4, 2016, each of the instant real estate was sold, and the instant mortgage was cancelled. (2) On May 26, 2016, the Defendant, a second-class mortgagee, who was a second-class mortgagee, was paid out KRW 300,000,000 of the amount of the claim, and thus, the first-class creditor was paid 100% of the amount of the claim; and the Plaintiff, a general creditor, as a general creditor, received KRW 158,865,196 of the amount of the principal and interest of the claim, and the distribution schedule was prepared that received KRW 300,00,000 of the amount of the claim.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, 3, 9, Eul.