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1. The Defendant: KRW 81,63,698 for the Plaintiff and KRW 5% per annum from April 1, 2014 to May 13, 2015.
Reasons
1. Basic facts
A. As to each real estate listed in the separate list No. 2 through 7 owned by B on August 25, 200, the Plaintiff and B set up a mortgage agreement with the maximum debt amount of KRW 400 million (hereinafter “instant mortgage”) in the name of the Plaintiff. Accordingly, on August 26, 2000, the Daegu District Court, which became the Plaintiff of the said real estate, completed the establishment of a mortgage agreement with the maximum debt amount of KRW 40 million and the Daegu District Court, which became the Plaintiff of the said real estate, on August 26, 2000.
B. On January 16, 2002, the Plaintiff applied for a voluntary auction to the Daegu District Court C(hereinafter “instant auction”) with respect to each of the above real estate on the basis of the instant collateral security (hereinafter “instant auction”) and received a decision to commence the auction on the 18th day of that month. On December 2002, the Plaintiff was awarded a successful bid of KRW 30 million with respect to each of the above real estate listed in the separate sheet Nos. 2 through 6 (as of November 13, 2002, appraisal as of November 13, 2002 is equivalent to KRW 419,123,260, and Type No. 7 real estate is excluded from the object of sale due to the destruction. The Plaintiff completed the registration of ownership transfer under the name of the Plaintiff as of December 26, 2002, with respect to each of the above real estate as of December 26, 2002.
C. On December 26, 2002, the Defendant received dividends of KRW 81,63,698 as the first mortgagee in the distribution procedure of the above auction case.
Attached Form
On February 13, 2004, after the Plaintiff completed the registration of ownership transfer, the real estate listed in paragraph (2) of the list was divided into D Large 2,281 square meters and E 321 square meters.
E. B asserts that the instant collateral security is null and void, and that the Plaintiff purchased each of the said real estate and completed the registration of ownership transfer in its name is also null and void in an auction procedure based on an invalid collateral security, and accordingly, against the Plaintiff, the procedure for cancelling the registration of ownership transfer in the name of the Plaintiff on each of the real estate listed in the separate sheet Nos. 1, 3, and 6 (hereinafter “each of the instant real estate”).