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1. The judgment of the court of first instance is modified as follows.
Busan District Court Dong Branch C (D).
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3, 4, and 5 (including branch numbers, if any; hereinafter the same shall apply) and Eul evidence Nos. 8 and 13, taking into account the whole purport of the pleadings:
The Plaintiff leased KRW 30,00,00,00 on December 31, 200 to E (or his husband, the Defendant), KRW 30,000,00 on March 14, 201, and KRW 70,000 on March 18, 2011 (hereinafter collectively referred to as the “instant loan”), including each of the above loans, as 1% per interest month, to each of the instant loan obligations. In order to secure the instant loan obligations of KRW 130,000,000 in total, the Plaintiff registered the establishment of the mortgage in the name of the obligor, E150,000,000, Busan Southern-gu and other 2 G parcel building No. 702, Jul. 7, 2014 (hereinafter referred to as “instant real property”).
B. Meanwhile, on the other hand, on December 31, 2009, the registration of provisional seizure was already completed in the name of the defendant on the ground of the registration of establishment of a neighboring mortgage in the name of the Industrial Bank of Korea, and on January 20, 2012, the Busan Family Court 2012 businesshap7 (hereinafter “the provisional seizure order of this case”).
C. At the Busan District Court C(D duplicate) auction procedure, H awarded a successful bid of KRW 241,200,000 on the instant real estate and completed the registration of ownership transfer in its name on July 23, 2013.
In the auction case above, on August 22, 2013, 238,233,011 won to be actually distributed on the date of distribution was first priority, and 83,301,476 won to the limited liability company (the Industrial Bank of Korea prior to the transfer) specialized in Ef&A 32 securitization (the Industrial Bank of Korea prior to the transfer), the mortgagee, and 74,966,872 won to the Plaintiff, the mortgagee, and 79,964,663 won to the Defendant, the provisional attachment obligee, respectively. The Plaintiff raised an objection to the whole amount distributed by the Defendant, and filed the lawsuit in this case within one week.
E. The Defendant is continuing the instant lawsuit on November 1, 2013.