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1. As to the case of compulsory auction by official auction of real estate B and C of the Gwangju District Court, the above court on December 24, 2015.
Reasons
1. Basic facts
A. D completed the registration of ownership transfer with respect to the area of 660 square meters (hereinafter “instant land”) in Hamyeong-gun, Hamyeong-gun, Chungcheongnam-do on February 3, 2012, and on June 22, 2012, D completed the registration of ownership transfer with respect to the instant land No. 1 East Housing, 92.43 square meters (hereinafter “instant building”).
B. On July 2, 2012, the Plaintiff concluded a mortgage contract with a maximum debt amount of KRW 52,00,000 with respect to the instant land and the instant building, and completed the registration of creation of a mortgage for the instant land and the instant building on the same day, and granted a loan of KRW 40,000,000 to D on July 9, 2012.
C. On September 4, 2013, the Defendant completed the registration of creation of the second-class collateral security (hereinafter “instant collateral security”) with respect to the instant land and the instant building, which consists of the obligor D, the maximum debt amount of KRW 90,000,000.
D In addition to the above 2.1 loans, as the Plaintiff took out loans from the Plaintiff on June 4, 2012, KRW 30,000,000, and KRW 7,000,000 on June 22, 2012, and KRW 5,000,00 on March 17, 2014, the Plaintiff failed to repay part of the above loans. As the Plaintiff was entitled to preserve each of the above loans, the Plaintiff applied for provisional seizure of the instant land and the building of this case by filing an application for provisional seizure with the Busan District Court Decision 2014Kadan38 on May 22, 2014.
In addition, the Plaintiff applied for a payment order against D with the purport of seeking payment of the amount of KRW 16,859,400 (the sum of KRW 16,500,000 out of the principal of each loan and KRW 359,400 out of the total amount of credit goods) and the amount of delay damages against D, which was issued by the said court on May 22, 2014, and the payment order was finalized on June 10, 2014.
E. The Plaintiff’s claim amount based on the above finalized payment order is “17,086,119 won and 16,859,400 won per annum from May 24, 2014 to the date of full payment.”