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1. Revocation of a judgment of the first instance;
2. As to the case of request for a voluntary auction of real estate B, the above court.
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 to 3, and Eul evidence No. 5 may be acknowledged by taking into account the whole purport of the pleadings:
C completed the registration of ownership transfer in the name of C on September 22, 2006 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).
B. As to the instant apartment, on May 20, 2013, the registration of seizure was made with the right holder of the National Health Insurance Corporation as of March 7, 2014; the registration of seizure was made with the right holder of Suwon-si as of March 7, 2014; the registration of provisional seizure was made with the right holder of Samsung Card Co., Ltd. as of October 6, 2014; the registration of provisional seizure was made with the amount of claim amount of KRW 5,751,349; the agricultural cooperative in the Republic of Korea as of November 6, 2014; the registration of provisional seizure was made with the amount of claim amount of KRW 70,656,226; the registration of provisional seizure was made with the amount of claim amount of KRW 16,489,560; the registration of provisional seizure was made with the amount of claim amount of KRW 16,489,560 as a creditor; and the registration of provisional seizure was made with the amount of claim amount as a creditor.
C. On May 9, 2013, the Plaintiff: (a) each of the maximum debt amounts for the instant apartment is KRW 408,00,000 and KRW 176,80,000 with respect to each of the instant apartment; (b) each of the obligors is C; and (c) completed the registration of creation of each of the collateral security holders as the Plaintiff.
(hereinafter “each of the instant collateral security”). D.
As a broker of Licensed Real Estate Agent E, the Defendant: (a) between C and C on November 28, 2014; (b) from C, the lease deposit for the instant apartment from C is KRW 22,00,000 (the contract deposit is KRW 20,000,000 on the date of conclusion of the contract; (c) the remainder of KRW 20,000,000 on the date of conclusion of the contract; and (d) the rent is KRW 300,000 on December 2, 2014; and (e) the term of the lease is from December 2, 2014 to December 1, 2016; and (c) the remainder is leased by the Defendant in advance at the time of payment of the remainder, KRW 3,00,000,000 on the aggregate of the rent for the instant apartment; and (d) the permission construction works for renovation and repair of the instant apartment; and (e) the Defendant shall do so.