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1. The Defendant’s KRW 480,000,000 as well as 5% per annum from September 3, 2015 to October 15, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The registration for the preservation of ownership of the instant real estate and the establishment of a collateral security between B and the Defendant (hereinafter “instant real estate”) C is a 8,926 square meters of land D in Sungsung-si (hereinafter “instant real estate”).
(2) In light of the aforementioned reasoning, the Plaintiff filed a lawsuit against the Republic of Korea, the title holder of the instant real estate, seeking cancellation of the ownership preservation registration on April 11, 2006, and the above judgment became final and conclusive around that time. (2) The Plaintiff occupied the instant real estate for at least 20 years and owned it on October 23, 2002, and completed the acquisition by prescription on October 23, 2002, and filed a lawsuit against the Suwon District Court 2006Kadan49013, and was rendered a favorable judgment on December 26, 2007, the judgment became final and conclusive around that time.
3) B completed the registration of ownership preservation in the name of C on behalf of C, and completed the registration of ownership transfer in the name of B on October 23, 2002 by reason of prescription acquisition pursuant to the judgment of paragraph 2 above.
4) On March 28, 2008, B and the Defendant as the Defendant with respect to the instant real estate, the maximum debt amount of KRW 480,000,000, and the debtor B and the mortgagee as the Defendant (hereinafter the “mortgage”).
(B) On the same day, the contract was concluded, and the registration of the establishment of a mortgage was completed. (B) The Defendant applied for voluntary auction of the instant real estate to Suwon District Court G based on the instant collateral security right, and the instant real estate was sold to the Plaintiff during the auction procedure (hereinafter “instant auction procedure”) and the registration of ownership transfer was completed on May 9, 2012 in the name of the Plaintiff.
2. On May 9, 2012, the Plaintiff had a maximum debt amount of KRW 371,00,000,000 with respect to the instant real property, and the debtor, the Plaintiff, and the mortgagee of the right to collateral security.