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1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On September 12, 2006, the New Bank Co., Ltd. (hereinafter “New Bank”) completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) around the debtor M, the maximum debt amount of 1,560,000,000 won, and the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) on the second floor, non-Y and four parcels (hereinafter “instant building”) owned by M, Jongno-gu Seoul, Jongno-gu, Seoul, and the second floor, and the second floor, No. 201.
In addition to the second floor of the instant building, the new bank also set up a joint mortgage of the same address No. 101, No. 103, No. 104, 301, and No. 301, which were the joint ownership of M and N.
B. The second floor of the instant building has been registered as sectional ownership under 201 with regard to the entire building, but in fact, it is classified into 13 residential officetels.
C. The plaintiffs entered into a lease contract with M as to the second floor of the building in this case, and the above road name address was changed to Jongno-gu Seoul on December 8, 201, after Jongno-gu Seoul Z on March 5, 201, after the date of entering into the contract (per KRW) monthly deposit (per KRW 4,000) for the lessee who completed the move-in report, the date of entering into the contract, the date of move-in report, the date of the move-in report, and the date of confirmation on the resident registration card, Seoul Jongno-gu Z, 206 No. 209, F200,000.
Since 209, the fixed date was obtained from the lease contract.
On August 12, 2013, the New Bank applied for the auction of real estate on the second floor of the instant building based on the instant right to collateral security and received a decision to commence an auction of real estate rent from the Seoul Central District Court on August 12, 2013.
(hereinafter referred to as “the instant voluntary auction”). (e)
On September 25, 2013, the Defendant, a special purpose company established in accordance with the Asset-Backed Securitization Act, acquired the secured debt of the instant mortgage from the new bank as securitization assets.
F. In the instant voluntary auction procedure, the executing court shall order the Defendant, who is the applicant obligee (the assignee of a new bank) on the date of distribution on November 19, 2015.