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1.The judgment of the first instance shall be modified as follows:
2. The defendant's lien is against the real estate stated in the attached list.
Reasons
1. Basic facts
A. On December 9, 2005, the Association of Religious Organizations C (hereinafter “instant church”) borrowed KRW 8,000,000,000 from the Future Savings Bank (the trade name prior to the alteration is a “Stock Savings Bank in the future of a stock company,” hereinafter “MI Savings Bank”) to secure the obligation of the above loans, and upon the possession of E and F land (hereinafter “D”) and real estate listed in the separate sheet on the land (hereinafter “each land of this case”) as well as the real estate listed in the separate sheet on the land (hereinafter “the instant church building”) in order to secure the obligation of the above loans.
B. Since then, on July 10, 2006, the cancellation registration of the registration of the establishment of the above mortgage was completed on July 10, 2006, and thereafter, on November 13, 2006, the establishment registration was completed on the following: ① the maximum debt amount of KRW 650,000,000, the debtor’s church, the mortgagee’s future savings bank, the debtor’s church, the mortgagee’s future savings bank, the mortgagee’s future savings bank, the debtor’s church, the mortgagee’s future savings bank, the debtor’s church, the mortgagee’s future savings bank, the debtor’s church, the mortgagee’s future savings bank, the future savings bank, and the debtor’s church, the mortgagee’s future savings bank, ④ the maximum debt amount of KRW 1,040,000,000 on December 27, 2007, the debtor’s church, and the debtor’s future savings bank, respectively.
C. On April 29, 2013, the Future Savings Bank filed an application for the auction of real estate with the claim amounting to KRW 10,590,256,421 with respect to the instant church buildings and each land by the Suwon District Court, and the auction of real estate was registered on April 30, 2013 according to the decision to commence voluntary auction of the said court.
On the other hand, the Seoul Central District Court 2013Hahap54 decided April 30, 2013 declared bankrupt of the future savings bank, and on the same day, the plaintiff is declared bankrupt below the debtor future savings bank.