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1. As to the Cheongju District Court B real estate auction B, C (Dual) real estate auction case, this case shall be applicable.
Reasons
1. Basic facts
A. On December 2, 2010, the Plaintiff loans KRW 170,000,00 as the loan transaction agreement between the Plaintiff and D and the Plaintiff’s right to collateral security registration. The Plaintiff completed the registration of establishment of a mortgage with respect to the maximum debt amount of KRW 221,00,000,000 from December 2, 201 to February 2012, 201 with the guarantee limit amount of KRW 221,00,00,000 from December 2, 2010, the agreement rate of KRW 3.4% (the first rate of KRW 7.5% per annum), and the delay interest rate of KRW 11.5% per annum.(2) On the same day, the Plaintiff concluded a loan transaction agreement with the content of KRW 170,00,000,000 with respect to the land owned by D as of the same day before the division.
B. On May 20, 201, the Defendant lent KRW 60,000,000 to D and the registration of collateral security, etc. (1) on May 20, 201, the Defendant: (a) lent KRW 60,000,000 to D on June 20, 201; (b) the agreed rate of KRW 30% per annum; and (c) the delayed interest rate of KRW 44% per annum; and (d) respectively (hereinafter the foregoing bonds or obligations are referred to as “one bond” or “one debt”).
(2) In order to secure the repayment of the first claim from D on the same day, the Defendant offered real estate E in the Chungcheongbuk-do as collateral at KRW 200,000,000,000 with the maximum debt amount. The Defendant received respectively a promissory note of KRW 200,000 at the face value as of August 22, 2014; the date of issuance as of May 20, 201, respectively.
3) On the same day, the Defendant prepared a “notarial deed of a contract for the repayment of debts by means of transfer for security” (No. 4696) No. 4696 of the Daejeon District Public Prosecutor’s Office, which included the content that “D does not immediately object to compulsory execution when D does not perform its original obligation,” as between D and D (hereinafter the above notarial deed is referred to as “first notarial deed”).
4) The Defendant completed the registration of the establishment of a neighboring mortgage with respect to the land prior to the division on the same day, including the maximum debt amount of KRW 200,000,000, the debtor D and the mortgagee.
C. The Defendant’s registration of provisional seizure of this case is August 201.