A. The plaintiffs filed a lawsuit against the defendant for refund of investment amount against this court 2003da11528, and on October 4, 2004, the mediation (hereinafter "the claim of this case") was concluded that "the defendant shall pay 21,000,000 won to the plaintiffs until December 31, 2004. If the defendant fails to pay the above amount by the above payment date, he shall pay the unpaid amount by adding damages at the rate of 10% per annum from the day after the date of payment to the day of full payment."

B. On March 18, 2005, the court 2005No274, based on the instant claim, distributed each of the plaintiffs 203,280 won on the auction date for corporeal movables to the plaintiffs.

C. On November 17, 2005, the amount of KRW 4,985,692, each of the plaintiffs was distributed to the plaintiffs on the date of distribution of this court E-real estate auction case based on the instant claim.

D. D around August 30, 2006

The amount of KRW 8,00,000 paid to F, a first-class dividend in the E compulsory auction case of real estate E compulsory auction, was distributed to the plaintiffs by 2,66,666,66.

(2) The plaintiff's assertion is accepted as it is because the plaintiff did not respond to the amount and the due date of each party's shares. (3) The plaintiff's assertion is accepted as it is. (4) The plaintiff's assertion is not a dispute, Gap's evidence No. 1, Eul's evidence No. 1, Eul's evidence

2. In light of the determination, in a case where dividends distributed at an auction to exercise a security right fall short of extinguishing all of the secured claims held by the secured party, an application for satisfaction of a designated appropriation under Article 476 of the Civil Act cannot be permitted, and an application for satisfaction of an obligation cannot be permitted on the ground that there was an agreement between the secured party and the obligor on the satisfaction of an obligation, and an application for satisfaction of an obligation under the agreement shall be made in accordance with the method of statutory appropriation of an obligation in accordance with Articles 477 and 479 of the Civil Act, which are the most equitable appropriation method