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1. The Defendant’s KRW 127,788,449 for the Plaintiff and KRW 5% per annum from April 30, 2015 to August 18, 2016.
Reasons
1. Facts of recognition;
A. On November 22, 2004, in order to set up a collateral security right and obtain a loan from Busan 2 Mutual Savings Bank (hereinafter “Seoul 2 Savings Bank”), A entered into a collateral security contract with the Busan 2 Savings Bank with respect to B forest land No. 7464m2, C forest land No. 51m2, D forest land No. 321m2 (hereinafter “each real estate of this case”), which is owned by the principal, with respect to the creditor2 Savings Bank in Busan 2 Savings Bank, the debtor, the debtor, the maximum debt amount of KRW 5,000,000,000, and completed the registration of establishment of a collateral security right (hereinafter “registration of establishment of a collateral security”) in the name of Busan 2 Savings Bank on the same day.
(2) Meanwhile, the Busan 2 Savings Bank was declared bankrupt on March 7, 2012 by Busan 2012Hahap1, and the Plaintiff was appointed as the bankruptcy trustee.
(3) On February 17, 2006, the registration of transfer of ownership was completed in the name of urban community corporation on the following grounds: (a) on March 28, 2006, the registration of transfer of ownership was completed in the name of the defendant on the ground of the trust on March 28, 2006; and (b) on February 13, 2007, the registration of transfer of ownership was completed in the name of the defendant on the ground of the trust on February 13, 2007.
B. On June 4, 2013, the Plaintiff filed an application for voluntary auction on each of the instant real estate and received a voluntary decision to commence auction proceedings with Daejeon District Court E on June 4, 2013, as the Plaintiff lost the benefit of time due to the Plaintiff’s failure to repay its loan obligations to the Busan 2 Savings Bank.
(2) On December 11, 2013, the Plaintiff filed a lawsuit against the Plaintiff for cancellation of the right to collateral security (hereinafter “instant auction procedure”) under the Daejeon District Court 2013Kahap10545, and on the condition that on the same day, the Plaintiff and the Defendant deposit KRW 100,000,000 as security for the Plaintiff on December 31, 2013.