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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. Basic facts
A. (i) On November 30, 2009, C determined that interest of KRW 100,000,000 to the Defendant was KRW 800,000 per month and the due date for payment was November 30, 201.
(2) On November 30, 2009, the Defendant concluded a mortgage agreement with C as to the Seocho-gu Seoul land and buildings on its ground (hereinafter “each of the instant real estate”) in order to secure the instant loan obligation, and the Seoul Central District Court received on November 30, 2009 the maximum debt amount of KRW 120,000,000, the debtor and the debtor as C, and completed the registration of establishment of a neighboring mortgage with the debtor and the debtor as C.
(hereinafter “instant collateral security”). B.
At the request of Han Bank Co., Ltd. on June 20, 2014, at the Seoul Central District Court E real estate auction procedure (hereinafter “instant auction procedure”) for each of the instant real estate commenced on June 20, 2014, C submitted a bond statement stating “The principal amount of KRW 100,000,000, interest not claimed” to the auction court around July 2014.
C. (1) On February 22, 2016, C transferred the instant claim for the instant loan and the instant right to collateral security to the Plaintiff. On February 24, 2016, the Plaintiff was delegated by C with the authority to notify the said assignment of claims and notified the Defendant of the said assignment of claims on February 24, 2016, and the said notification reached the Defendant on February 29, 2016.
The Plaintiff completed the supplementary registration prior to the establishment registration of the instant neighboring mortgage as Seoul Central District Court No. 34919, Feb. 22, 2016.
In the instant auction procedure on March 16, 2016, the Plaintiff submitted a bond account statement of KRW 140,93,300, totaling KRW 40,933,300, which is calculated at the rate of KRW 100,000 per month from January 1, 2012 to April 5, 2016.
E. (1) On April 5, 2016, the auction court distributed 120,000,000 won to the Plaintiff, who was the mortgagee of the instant auction procedure, on the date of distribution, and also owned by the debtor.