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1. As to the case of Suwon District Court C real estate auction and D (Dual) real estate auction, this case shall be applicable.
Reasons
1. Basic facts
A. The Plaintiff filed an application for provisional attachment with respect to the real estate in attached Form E (hereinafter “instant real estate”) owned by E with the claim of KRW 125,00,000,000, total amount of loans and agreed money for E as the secured debt at this Court No. 2012Kadan565, Aug. 20, 2012.
Then, the Plaintiff filed a lawsuit against E with this Court No. 2012Ga7288, and was sentenced to the judgment on January 24, 2013 that "E shall pay to the Plaintiff 16,500,000 won and 93,000,000 won among them, 5% per annum from March 11, 2013 until January 21, 2012 until January 24, 2013; and 20% per annum from the next day to the date of full payment." The above judgment was finalized on March 23, 2013.
B. On August 3, 2012, E entered into a mortgage contract with the Defendant, which constitutes a maximum debt amount of 5,000,000,000 with respect to the instant real estate, and completed the registration of the establishment of a neighboring mortgage to the Defendant on the same day.
C. On January 2, 2013, this Court rendered a voluntary decision to commence auction on the instant real estate and a decision to commence compulsory auction on March 4, 2013.
On July 24, 2013, this Court drafted a distribution schedule containing the content of distributing KRW 5,000,000 to the Defendant on the date of distribution of the above auction procedure and KRW 22,394,78 to the Plaintiff (person holding a provisional seizure) in the order of 14th (person holding a collateral security).
[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 2-1, 2-2, and Evidence No. 3-1, 3-3, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion E and the defendant completed the registration of the establishment of the above collateral in a false manner to harm the plaintiff who is the creditor, so there is no claim against the defendant E, which is the secured claim of the above collateral security.
B. The first mortgage is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future, which is a number of arising from the continuous business relationship.