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1. On January 16, 2017, the real estate entered in the separate sheet between the defendant and the non-party B (C) was concluded.
Reasons
1. Facts of recognition;
A. B, around November 22, 1994, obtained a credit card from the Plaintiff and delayed the payment of the cost of the use thereof. On March 3, 2017, the Plaintiff applied for a payment order against B to the court for the payment of the cost of using the said credit card, and on March 3, 2017, the Plaintiff received an order to pay the Plaintiff KRW 17,869,291 and KRW 17,138,616 per annum from March 3, 2017 to the date of full payment, and KRW 23% per annum from March 3, 2017 to the date of full payment, and the payment order was finalized on March 25, 2017.
B. B concluded a mortgage agreement with the Defendant, on January 16, 2017, with respect to the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) under excess of debt, and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) with the Mineyang Registry No. 1220, Jan. 18, 2017, which was the ground for registration, as the maximum debt amount of KRW 55,000,000, and the neighboring mortgage (hereinafter “registration of establishment of a mortgage”).
At the time, B did not have any particular property other than the instant real property. The market price of the instant real property is KRW 79,500,000,000. The instant real property was set by senior collateral security, which is the National Bank of Korea, the National Bank of Korea, the maximum debt amount (the actual secured debt amount exceeds KRW 100,000,000,000,000,000.
C. On January 30, 2018, the Plaintiff demanded the distribution of KRW 20,302,902 in the instant court D Voluntary Auction proceeding. On the date of open distribution on January 30, 2018, the Defendant received the distribution of KRW 20,302,90 as a mortgagee and presented a distribution schedule that excluded the Plaintiff from the distribution of dividends, the Plaintiff raised an objection against the entire amount of dividends of the Defendant
Based on January 30, 2018, B failed to perform the obligation of KRW 22,877,674, in total, KRW 17,528,616, interest 1,077,570, delay damages 4,271,48.