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1. The defendant on May 1, 2009, with respect to real estate stated in the attached list to C, the Busan District Court's Dong Branch of the Dongsan Branch of the Busan District Court.
Reasons
1. Basic facts
A. The Plaintiff and the deceased C (hereinafter “the deceased”) operated the wholesale business of the lighting fixtures with the name of D, and the deceased operated the electric lighting fixtures with the trade name of E. The deceased was supplied with lighting fixtures from August 11, 2001 to April 22, 2009, and then paid the amount in cash or by a promissory note, etc. issued by the deceased. (2) The deceased paid the amount of KRW 111,026,90,000 out of the total amount of the unpaid goods to the Plaintiff as four copies of the promissory note issued by the deceased. As the deceased did not pay the amount on May 21, 2009, the Plaintiff became entitled to KRW 11,026,90,000 for the deceased’s total amount of KRW 111,026,90.
B. The Defendant and the Deceased’s relationship 1) The Defendant are between the deceased and the members of the Haan Middle School Re-dong, and around 2006, the Defendant lent KRW 65,000,000 to the Defendant on the condition that the Defendant will pay 2% interest per month (hereinafter “the instant loan obligation”).
(2) On December 15, 2006, the Deceased completed the provisional registration of this case on the instant real estate as a security for the instant loan debt, and on May 15, 2009, May 15, 2009, before the payment of the loan loan debt was delayed, the Deceased completed the principal registration based on the provisional registration of this case (hereinafter “the instant registration”).
3) The amount payable at the time of May 15, 2009 is KRW 81,90,000 [the principal principal of KRW 16,90,000,000 [the principal of KRW 65,000,000 x 0.02 x 13 months]. 4) The instant real estate is the only real estate owned by the deceased, and there is three buildings unregistered on that ground, and the market value as of May 15, 2009 is KRW 158,194,00.
C. Meanwhile, in order to acquire ownership of secured real estate by exercising the security right, Article 3(1) of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) is a liquidation procedure under Article 3(1) of the Provisional Registration Security Act.