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1. The Seoul Northern District Court B (C) drafted on September 18, 2015 with respect to the auction of real estate.
Reasons
1. The following facts may be acknowledged in full view of the evidence No. 1 to No. 10, the evidence No. 4, and the whole purport of the pleading.
D With respect to the real estate indicated in the [Attachment] description (the market price of KRW 420 million is KRW 420 million; hereinafter “the instant real estate”) owned by it, D completed the registration of creation of a mortgage on February 19, 2009, with each of the maximum debt amounts of KRW 175 million on June 25, 2009, the maximum debt amount of KRW 120 million on June 25, 2009, and KRW 60 million on January 20, 2012.
B. However, between D and D on July 8, 2013, the Plaintiff entered into a contract with D to provide credit guarantee services for loans to a national bank, a stock company, and completed the registration of the establishment of a mortgage over the instant real estate with the maximum debt amount of 18 million won on June 5, 2013, in order to secure the principal of credit guarantee and its interest.
C. However, between D and D on June 2, 2014, the Defendant: (a) drafted a lease agreement with the term of KRW 27 million (including management expenses), monthly rent of KRW 100,000 (including management expenses) and the term of June 16, 2014 to June 15, 2015 (hereinafter “lease”); (b) entered the said contract as the down payment amount of KRW 3 million into the said contract; and (c) paid the remainder of KRW 24 million on June 16, 2014; and (d) written that “The rent may be laundry and bathed as a small room and the kitchen shall not be used.”
On June 16, 2014, the Defendant transferred KRW 15.4 million to F, who is the mother of D on June 16, 2014 through his/her savings account, and became the account balance -2,959,150 won. The Defendant made a move-in report on the instant real estate from 904 to 12, 2014 on November 12, 2014 and obtained a fixed date.
E. However, regarding the instant real estate, the mortgagee G and the maximum debt amount on August 7, 2014.