The defendant shall receive on August 25, 2010 from the plaintiff the Jeonju District Court Branch of the Jeonju District Court with respect to the real estate stated in the attached Form.

Plaintiff

With respect to apartment houses owned by the owner (hereinafter “the apartment of this case”) and apartment C-D units, the joint collateral mortgage was established with the maximum debt amount of 400,000,000 won, the debtor E-mortgage and the mortgagee as the defendant.

(A) Nos. 1, 2, and 2. However, among the above apartments, a voluntary auction was conducted for the remaining apartments except for the apartment of this case, and the defendant received a distribution of KRW 400,000,000, which is the maximum debt amount in the above auction procedure.

(A) No. 2 and No. 2. However, in cases where a joint mortgagee receives the full amount equivalent to the maximum debt amount from the proceeds from the realization of part of the immovable property, which is the object of joint collateral, through the realization process of an auction, etc. conducted by a third party, the joint mortgagee cannot obtain a preferential repayment from the joint mortgagee again in the realization process of the remaining immovable property, and the joint collateral security established on other immovable property is extinguished by that process (see, e.g., Supreme Court Decisions 2011Da68012, Jan. 12, 2012; 2013Da16992, Dec. 21, 2017). Such legal doctrine does not change depending on whether the joint collateral collateral is owned by the debtor or is owned by a third party.

Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of a mortgage on the apartment in this case as stated in Paragraph (1).