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1. On December 13, 2016, Defendant 203,348,515 won and its related thereto to the Plaintiff.
Reasons
1. Basic facts
A. The New Bank Co., Ltd. (hereinafter “New Bank”) loaned KRW 69,000,000 to Defendant A, around November 4, 2011, KRW 65,000,000 around April 17, 201, and KRW 40,000,000 around December 3, 201 (hereinafter “each of the above loans loans claims against Defendant A of the New Bank”); Defendant A and Defendant B, the husband of Defendant A and Defendant B owned one-half shares of each of the two shares as follows: (a) the establishment registration of a new apartment (hereinafter “the establishment registration of each of the following neighboring apartment units”) was completed on each of the following apartment units:
1) The establishment registration of a mortgage of KRW A, Defendant A, New Bank of Korea, the maximum debt amount of KRW 82,80,000,000, which was completed on November 4, 201 by the Dobong District Court of Seoul Northern District, as of November 4, 201, as of Defendant A, New Bank of Korea, and the maximum debt amount of KRW 82,80,000,000, which was completed on April 17, 2012 by the 23408 of the same registry office, and completed on December 3, 2012 by the debtor A, Defendant A, New Bank of Korea, the maximum debt amount of KRW 78,00,00,000, which was completed on December 3, 2012 by the 3.
B. On March 3, 2015, the new bank transferred each of the instant loan claims to the non-party foreign exchange F&A Co., Ltd., and on March 26, 2015, the said foreign exchange F&A Co., Ltd transferred each of the instant loan claims to the non-party foreign exchange E&A limited liability company specializing in the securitization of the loans.
C. 1) On March 9, 2015, the new bank filed an application for voluntary auction of real estate with the Seoul Northern District Court C on the ground of Defendant A’s nonperformance of obligation (the new bank is construed as having filed an application for voluntary auction on behalf of the said foreign exchange E&A corporation). 2) Nonparty E is in the process of voluntary auction with the Seoul Northern District Court C.