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1. A contract to establish a collateral security right concluded on July 30, 2014 between B and the Defendant regarding the real estate listed in the attached list.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that manufactures and sells the dynasium, sanitary instrument, etc., and the Nonparty B is a person who entered into an agency contract with the Plaintiff under the trade name of “C”.
B. B did not pay KRW 1,651,132,832 for the goods supplied by the Plaintiff. The Plaintiff filed an application for a payment order against B on June 3, 2014, and the Plaintiff filed an objection thereto. Ultimately, on October 6, 2014, the Suwon District Court issued a compulsory adjustment decision ordering B to pay KRW 1,60,000 to the Plaintiff by November 30, 2014, and the said decision became final and conclusive on October 23, 2014.
C. On December 29, 2010, the Plaintiff completed the registration of creation of a mortgage over the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) in order to secure the above claim for the purchase price of the goods against B. As seen above, the unpaid amount of goods reaches KRW 1.6 billion, the Plaintiff received a decision to voluntarily commence the auction on August 25, 2014, based on the aforementioned collateral security right, from Suwon District Court D with regard to the instant real estate.
However, as to the instant real estate on July 30, 2014, B completed the registration of creation of a mortgage over the debtor B and the mortgagee as the defendant (hereinafter “the instant mortgage”).
E. In the above auction procedure, the instant real estate was sold to Nonparty E, and the ownership transfer registration was completed on April 7, 2015, and the said auction court opened a date of distribution on May 12, 2015, and distributed KRW 356,968,465 to the Plaintiff, a mortgagee, at the first and second priority, KRW 80,983,564 to the new bank, a mortgagee, and KRW 200,000,000 to the Plaintiff, a mortgagee, at the second and third priority, who was the applicant creditor, at KRW 70,000,000 to the Defendant, a mortgagee, at the fourth and fourth priority.
F. At the time of the instant mortgage contract, B was in excess of the obligation.