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1. With respect to cases involving C real estate compulsory auction and D (Dual) compulsory auction in this Court, this Court shall decide on August 30, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim amounting to KRW 235,750,000 based on the agreed deposit claim against E is KRW 235,750,000 (hereinafter “instant real estate”) and KRW 2,040,000 (hereinafter “instant real estate”).
(2) On January 26, 2016, E entered into a mortgage agreement with the Defendant regarding the instant real estate at KRW 221,00,000 with the maximum debt amount (hereinafter “instant contract”). On February 24, 2016, the Seoul Northern District Court (Seoul Northern District Court 2015Kadan5482), and on January 26, 2016, the Seoul Northern District Court (hereinafter “Seoul Northern District Court 201”) completed the registration of the establishment of a mortgage under the name of the Defendant as the receipt of No. 1812 on February 24, 2016.
B. 1) The Plaintiff filed a lawsuit against E on January 16, 2017 against the Seoul Northern District Court 2015Gahap3482, and the Seoul Northern District Court rendered a judgment on July 6, 2016 that “E shall pay to the Plaintiff the amount of KRW 235,250,000 and the delay damages therefor.” However, the Seoul High Court rendered a judgment dismissing E’s appeal on November 24, 2016, and the first instance judgment became final and conclusive around that time. 2) The Defendant filed an application for the loan payment order against E on January 16, 2017 with the Seoul Northern District Court 2017Hu1734, and E submitted the same written waiver of the payment order on February 6, 2017.
C. On August 26, 2016, the Plaintiff filed an application for a compulsory auction of real estate under this Court C with respect to the instant real estate (hereinafter “instant auction procedure”).
(2) On September 7, 2016, this Court rendered a decision to commence the auction on September 7, 2016, and rendered a decision on November 18, 2016 on September 9, 2016 on the period for demanding distribution. (2) On February 17, 2017, the Defendant filed an application for double auction on the instant real estate with the court D.