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1. The Seoul Northern District Court C real estate compulsory auction case was prepared by the above court on June 17, 2014.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 9.
On June 22, 2012, the Plaintiff filed a lawsuit against D on May 9, 2012 with the Seoul Northern District Court 2012Kadan25828, claiming a contract amount of KRW 50 million based on the letter of confirmation as of May 9, 2012, and damages for delay, and filed an application for provisional seizure of real estate with the claim amount, such as claim amount, claim amount, and claim amount, 50 million won, with respect to the real estate indicated in the attached Form (hereinafter “instant real estate”), which was owned by D, with respect to the real estate indicated in D, the provisional seizure was decided as of February 7, 2013, and the provisional seizure was completed accordingly.
B. After that, in the lawsuit No. 2012Gadan25828, the Plaintiff concluded conciliation between D and D on May 2, 2013 to pay the Plaintiff KRW 15 million and damages for delay after August 1, 2013.
C. However, D created the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate, which is one of the only property D, on January 23, 2013, when the said lawsuit was pending on January 25, 2013, with respect to the Defendant, while exceeding the debt, D created the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate, which is the only property of D, on January 23, 2013.
Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the instant mortgage contract (this court 2013da49326) on the ground that the instant mortgage contract constitutes a fraudulent act, and the said court rendered a favorable judgment against the Plaintiff on April 11, 2014 that “The instant real estate contract was revoked on January 23, 2013 between the Defendant and D, and the Defendant will implement the registration procedure for cancellation of the said mortgage establishment registration,” and the said judgment became final and conclusive around that time.
E. On April 30, 2014, regarding the instant real estate, for which the Plaintiff applied for, and commenced, the court’s compulsory auction procedure for the instant real estate C real estate.