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1. The part of the first instance judgment against the Defendants shall be revoked.
2. The auction of the F Real Estate in the Gwangju District Court for the wooden District Court.
Reasons
1. Basic facts
A. On August 2013, the Plaintiff loaned KRW 9,620,000,00 to G Co., Ltd. (hereinafter “G”) at ordinary interest rate of KRW 4.5% per annum, overdue interest rate of KRW 9% per annum, etc. (hereinafter “instant loan”). To secure this, the Plaintiff completed the registration of establishment of a collateral security right (hereinafter “instant collateral security right”) with respect to the H apartment in Yongnam-gun, Seoul (hereinafter “instant apartment”) on August 29, 2013, 201, 101, and 128 households (hereinafter “instant apartment”).
B. Meanwhile, Defendant A’s lessee under 202, 302, and Defendant B’s lessee under 203, 103, and 202, and Defendant C’s lessee under 202, 602, and 602, and Defendant D’s lessee under 203, 101, and Defendant C’s order-gun completed the attachment registration on the instant apartment.
C. On June 16, 2016, the Plaintiff filed an application for the auction of F real estate rent (hereinafter “instant voluntary auction”) with respect to 7 households unsold in lots among the instant apartment units in accordance with the instant collateral security (hereinafter “instant voluntary auction”) in accordance with the instant application amount. The Plaintiff stated “interest rate of 4.5% per annum from June 10, 2016 to the date of full payment for 515,000,000 won out of 538,60,620 won and the said money” in the application amount column as “interest rate of 4.5% per annum from June 10, 2016 to the date of full payment.” The Plaintiff attached the instant loan amount in the application form to “interest rate: interest rate: 5.5% per annum under the National Housing Fund Operation Plan of the Ministry of Land, Transport and Maritime Affairs, and this interest rate shall be changed according to the change in the interest rate under the National Housing Fund Operation Plan of the Ministry of Land, Transport and Maritime Affairs.” and attached the instant agreement to each loan agreement.
At the request of the Plaintiff, on June 16, 2016, the instant voluntary auction procedure was initiated regarding seven households among the apartment units of this case.