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1. The Defendant shall pay to the Plaintiff KRW 32,842,472 and the interest rate of KRW 15% per annum from November 2, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. C around April 2001, the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”) is the head of Seodaemun-gu, Seoul Metropolitan Government (hereinafter “head of Seodaemun-gu”).
2) The land of this case (hereinafter referred to as the “instant land”) owned by the owner of the land in Seodaemun-gu Seoul Metropolitan Government
(2) Around July 2001, C filed an application with the head of Seodaemun-gu for a new construction permit to build a 4-story multi-household (5 households, 201, 101, 202, 301, 302, and 401) in the 4-story multi-household house (5 households, 6 households, 202, 301, 201, 302, and 401), and obtained a modified license on July 27, 2001.
3) around September 2001, C is a multi-household house with the fourth floor on the instant land (hereinafter “multi-household house in this case”).
B. C’s establishment of a collective security right on July 23, 2002, as to the land of this case, entered into a collective security contract with the Shee Saemaul Depository, C, the debtor, the maximum debt amount of 70,000,000 won, and completed the registration on July 24, 2002.
2) On December 1, 2003, C entered into a contract to establish a right to collateral security with regard to the land of this case with the Shee Saemaul Depository, the debtor C, the maximum debt amount of 28,000,000 won, and completed the registration on December 1, 2003 (hereinafter the above right to collateral security) (hereinafter the above right to collateral security).
C. On October 13, 2005, the compulsory auction procedure for the instant land was initiated upon the Plaintiff’s application of E, a creditor, (1) on October 13, 2005 (Seoul Western District Court F), and on January 2, 2006, the voluntary auction procedure for the instant land was initiated on January 2, 2006 upon the application of the Saemaul Depository, a mortgagee of the right to collateral security.
Seoul Western District Court G, hereinafter the above.