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1. The Defendant’s KRW 5,094,329 as well as the Plaintiff’s annual rate from July 5, 2014 to September 10, 2015.
Reasons
1. Basic facts
A. The Plaintiff and C jointly purchased 2,770 square meters (hereinafter “land before subdivision”) prior to the division, the Plaintiff and C completed each registration of transfer of ownership as to each of the shares of 1/2 shares in the Chuncheon District Court Sejong District Court’s registration office on July 17, 2008.
B. On October 4, 2008, the Plaintiff and C concluded a sales contract (hereinafter “instant sales contract”) with the Defendant, as F’s wife, for the size of D 694 square meters (which is divided into a size of 534 square meters and a size of 160 square meters, from August 26, 2010; hereinafter “instant land”) with respect to the land located in the region of Pyeongtaek-gun, Gangwon-do, which is the land of which the said land was divided into four parcels, and owned one parcel of land, and sold the remaining two parcels to Nonparty E and F, and received KRW 5,00,000 as the down payment per contract.
C. The Defendant completed the registration of ownership transfer as to the land of this case by Law No. 23327, Oct. 23, 2008.
On November 28, 2008, the Plaintiff entered into a mortgage agreement with the Defendant regarding the instant land amounting to KRW 50,000,000 with respect to the Defendant, the mortgagee, the Plaintiff, and the maximum debt amount. On November 28, 2008, the Chuncheon District Court completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”).
E. On May 9, 2013, the Plaintiff received a voluntary decision to commence the auction on the instant land from the Youngcheon District Court Youngcheon Branch H, and received a dividend of KRW 20,231,704 in the said auction procedure on March 27, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1 to 3, the purport of the whole pleadings
2. The secured obligation of the Plaintiff’s assertion under the instant right to collateral security is all obligations owed by the Defendant against the obligee in the future and in the future within the scope of the maximum amount of claims pursuant to Article 1 of the mortgage contract. ① KRW 5,000,000 out of the sales amount of KRW 45,000 under the instant contract.