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1. Revocation of a judgment of the first instance;
2. The Seoul Central District Court B compulsory auction and C (Dual) auction of real estate; and
Reasons
1. Basic facts
A. (1) On January 26, 2010, the Defendant extended a loan to D on January 26, 2010, by setting the fluctuation rate of KRW 890,000,000 calculated by adding the interest base rate of KRW 0.4% to the interest base rate of KRW 0.4%, and by setting the maximum rate of delay damages at 18% per annum (hereinafter “first loan”).
(C) The apartment of this case (hereinafter “instant apartment”) owned by D, Seocho-gu Seoul Metropolitan Government, 121 Dong 2303 (hereinafter “instant apartment”).
A) As to the right to collateral security (hereinafter “instant right to collateral security”) with a maximum debt amount of KRW 1,157,000,000,000.
(2) On January 28, 2010, the Defendant concluded a mortgage contract with the Seoul Central District Court No. 3839 on January 26, 2010, which included KRW 440,000,00 as an individual transaction of household general loan loan, plus 0.4% per annum of interest rate of KRW 0.4% per annum, and set a loan (hereinafter “second loan”) as a maximum of 18% per annum, and concluded a mortgage contract with the Seoul Central District Court with the maximum debt amount of KRW 572,00,000, 604 (hereinafter “second apartment”) owned by D, and completed the registration of establishment of a mortgage with the Seoul Central District Court No. 534 on January 28, 2010.
3 피고와 D 사이에 작성된 위 각 근저당권설정계약서에는 제1조에서 “피담보채무의 범위”에 대해 특정근담보, 한정근담보, 포괄근담보 중 하나를 선택하여 에 기재하도록 되어 있고, 위 근저당권설정계약서 상단에는"★굵은선 으로 표시된 란 당사자란, 제1조 및 계약서 끝부분 은 담보제공자가 반드시 자필로 기재하시기 바랍니다
However, the defendant and D entered into a mortgage contract with the public notice of the selection of the scope of the secured obligation under Article 1 of each of the above mortgage contract.
B. On March 20, 2012, the Plaintiff and the Plaintiff’s wife, including the conclusion of a lease agreement, jointly concluded a lease agreement, the lease deposit is KRW 1,500,000,00 with respect to D and the instant apartment.