Text
1. The amount of KRW 400,000,000 for each item of real estate listed in the separate sheet and the interest rate thereon shall be from August 27, 2012 to the date of full payment.
Reasons
1. Basic facts
A. In order to secure a claim against B, the National Bank of Korea (hereinafter “National Bank”) completed the registration of creation of a mortgage on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) (hereinafter “each of the instant real estate”) with respect to the establishment of a neighboring mortgage (the creation of a mortgage was partially transferred to the Credit Guarantee Fund’s payment by subrogation of KRW 273,009,639), the maximum debt amount of KRW 1,320,000,000, the debtor, and the National Bank of Korea with B, and the National Bank of Korea with the debtor, the maximum debt amount of KRW 1,293,60,00,000, and the establishment of a mortgage on each of the said real estate as the debtor and the National Bank of Korea with B, and the National Bank of Korea with the debtor and the National Bank of Korea with respect to the establishment of a mortgage on each of the said real estate (hereinafter “instant collateral”).
B. Upon delay in the instant auction procedure B’s repayment of debt, the National Bank applied for voluntary auction of each of the instant real estate to the competent court C (hereinafter “instant auction procedure”) on the basis of the instant collateral security. On March 26, 2014, the instant court rendered a decision to commence auction on each of the instant real estate, and on the same day, the entry registration of the decision to commence auction was completed on each of the instant real estate.
C. On May 13, 2014, the Plaintiff’s Korea Securities Bank Co., Ltd. taking over each of the instant collateral security claims acquired the instant collateral security claim from the Korean Securities Bank, and the Plaintiff was transferred from the Korean Securities Bank’s status on June 3, 2014 with the consent of the National Bank. The Korean Securities Bank notified the transfer of the instant collateral to B, a debtor, of June 5, 2014, and reached B around that time. Article 8 of the Asset-Backed Securitization Act provides that “Where the claim transferred under an asset-backed securitization plan is a claim secured by a mortgage, a special purpose company, etc. shall obtain the mortgage at the time of registration with the Financial Services Commission pursuant to Article 6(1).”