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1. The judgment of the first instance, including the succession participation of the Plaintiff’s successor in the trial, shall be amended as follows:
Reasons
1. Basic facts
A. Plaintiff A is the Defendant’s wife F, who was the Defendant’s shape, and was the owner of Ildong-gu Seoul Metropolitan City C apartment 801 Dong 201 (hereinafter “instant apartment”).
B. As to the instant apartment, on June 7, 2006, one Bank Co., Ltd. (hereinafter “I Bank”), each creditor of the instant apartment (hereinafter “I Bank”), and the secured debt amount of KRW 117,000,000 for the secured debt amount and the secured debt amount of KRW 312,00,000 for the debtor F, respectively, were completed. However, on December 5, 2013, one Bank, the mortgagee of the instant apartment, filed an application for voluntary auction on the instant apartment, and accordingly, the voluntary auction procedure (hereinafter “the instant auction procedure”) was conducted by Goyang-gu District Court and Goyang Branch Branch Branch.
C. Accordingly, in the instant auction procedure, the Plaintiff A and F agreed to the bid of the instant apartment in the name of the Defendant, and requested the Defendant to participate in the instant auction procedure and take part in the auction procedure, and the Defendant was awarded the bid of the instant apartment in KRW 251,100,000, in response to the second auction date.
Plaintiff
A delivered 18,00,000 won as a check to the Defendant on May 1, 2014, and had the Defendant pay 8,000,000 won to the Goyang Branch of the District Court, and borrowed 75,000,000 won from D on June 9, 2014, and 150,000 won from E on June 10, 2014 to the Defendant as the successful bid price, and paid 11,00,000,000 won in H’s name to the bank account under the Defendant’s name on June 10, 2014, and used 8,738,630 won among them as the successful bid price.
E. On June 10, 2014, the Defendant paid in full the remainder of the successful bid price with the money received from the Plaintiff A, and completed the registration of ownership transfer on the instant apartment on June 19, 2014 under the name of the Defendant. The Plaintiff A paid KRW 4,048,260 to a certified judicial scrivener I at the registration cost.
The sale price of the apartment of this case is KRW 251,100,000, and the plaintiff additionally disbursed KRW 4,048,260 as the registration cost.