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1. The Defendant shall pay to the Plaintiff KRW 182,320,920 and the interest rate of KRW 15% per annum from July 6, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 12, 2006, the Defendant completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to the obligor D, mortgagee C, and maximum debt amount of KRW 500 million with respect to the E forest land (hereinafter “instant real estate”) in the name of the Defendant, which is owned D, in the name of his wife C (hereinafter “instant collateral security”).
B. On January 4, 2007 with respect to the instant real estate, the registration of change of the right to collateral security changed from D to F on the ground of acquisition of a contract on December 29, 2006 by the owner F, the transaction price of which is KRW 250 million as of December 29, 2006. At the same time, the registration of change of the right to collateral security changed from D to F on the ground of acquisition of a contract on December 29, 2006.
C. In addition, on January 8, 2015 with respect to the instant real estate, the registration of transfer of ownership in the name of the Plaintiff in the name of the owner, the transaction price of which is KRW 200 million as of January 8, 2015, was completed as of January 8, 2015, and the provisional registration of transfer of ownership in the name of G with respect to the instant real estate was completed as of January 8, 2015 (hereinafter “the instant provisional registration”).
On the other hand, on March 10, 2015, the Defendant completed the registration of transfer of the right to collateral security under one’s name on the ground of transfer of contract on March 9, 2015, and thereafter, on April 20, 2015, the Defendant applied for an auction of the right to collateral security (500 million won), which is equivalent to the maximum debt amount, based on the instant right to collateral security. On April 21, 2015, the Defendant voluntarily rendered a decision to commence auction on the instant real estate on April 21, 2015.
The appraised value of the instant real estate, which was conducted in the auction procedure regarding the instant real estate (hereinafter “instant auction procedure”), is KRW 201,66,00. The Defendant reported the purchase of KRW 500 million on October 21, 2015, which is the bidding date, and was awarded the instant real estate as the bidder on October 28, 2015. On October 27, 2015, the Defendant paid the successful bid price to the auction court.