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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. Facts of recognition;
A. On August 6, 2008, the Defendant leased 102 Dong 401 (hereinafter “the instant apartment”) from D on the lease deposit amounting to KRW 25 million (hereinafter “the instant lease contract”), and the same date when filing a move-in report on August 7, 2008, and obtained the fixed date. On August 10, 2008, the Defendant moved into the instant apartment after paying the lease deposit in full to D.
B. The purchase and sale of the apartment of this case and the execution of the loan 1) F (the defendant was divorced from the defendant on December 10, 2005, as the south part of the defendant.
(2) On July 24, 2012, D and the instant apartment: (a) purchased the purchase price of KRW 54 million; (b) paid the down payment of KRW 5 million at the time of a contract; and (c) concluded a contract to pay the remainder of KRW 20 million to the Plaintiff on July 24, 2012; and (b) on July 27, 2012, F completed the registration of ownership transfer on the instant apartment on July 25, 2012; and (c) concluded a contract to establish a collateral security agreement with the Plaintiff on a loan of KRW 25 million from the Plaintiff on July 27, 2012 to the Plaintiff (hereinafter “instant loan”); and (d) concluded the said contract to establish a collateral security agreement with the Plaintiff on a loan of KRW 25 million from the Plaintiff on July 27, 2012 (hereinafter “mortgage”).
C. Auction 1 on the apartment of this case) The Plaintiff filed an application for auction based on the instant right to collateral security on April 10, 2013 on the ground that the interest on the instant loan of F was in arrears, and the auction procedure was conducted on April 10, 2013, which led to the voluntary decision to commence auction on the instant apartment to Chuncheon District Court Gangnam Branch Branch H (hereinafter “prior auction procedure”).
(2) On November 6, 2013, the above auction procedure was completed on November 20, 2013. 2), and thereafter, the plaintiff filed an application for auction based on the right to collateral security (mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-C on December 6, 2013.