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1. The Suwon District Court shall prepare on August 30, 2017 with respect to the auction case of real estate C in Suwon District Court.
Reasons
1. Basic facts
A. On October 17, 2014, the Plaintiff is a mortgagee who completed the registration of the establishment of a mortgage over KRW 6.2 billion with the maximum debt amount on the land of E, E, 873С and 59 lots (hereinafter “instant real estate”) owned by D Co., Ltd. (hereinafter “D”).
B. On April 1, 2011, between D and D, the Defendant entered into a guarantee insurance contract for authorization and permission (hereinafter “instant insurance contract”) with the content of guarantee “the deposit for restoration expenses due to conversion of mountainous districts”, “the insured from November 16, 2005 to December 31, 2012”, “the insurance period from November 16, 2005 to December 31, 2012”, and “2,33,178,000 won” (hereinafter “instant insurance contract”) (the aforementioned insurance contract between the Defendant and D was additionally entered into three times more after the first contract was entered into, and the change contract was entered into on January 2, 2006; the instant insurance contract was finally entered into) with D to preserve claims for reimbursement of KRW 2,33,178,000,000 for reimbursement of KRW 2,330,178,000,0000 for provisional seizure upon obtaining a provisional seizure order from the court.
C. D did not submit a plan for restoration to an Ansan City Mayor by December 31, 201, which is the end of the period of permission for conversion of a mountainous district, until the end of the period of permission for conversion of a mountainous district, and on January 4, 2012, notified D of the deposit of KRW 2,450,37,000 for restoration expenses until February 3, 2012, in cash or insurance period as the guarantee insurance policy for authorization and permission as stipulated by the term of December 31, 2013.
D However, on March 28, 2013, the Defendant filed a claim for the amount of KRW 2,33,178,000 according to the instant insurance contract on the ground that the instant real estate restoration plan was not submitted due to the expiration of the period of permission for mountainous district conversion.
Since then, the Ansan market has revoked the claim of insurance money in consultation with the defendant, and on October 16, 2015, D's restoration expenses.