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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for dismissal or deletion as follows, and thus, it is acceptable in accordance with the main sentence of Article 420
In the reasoning of the judgment of the first instance court, “Plaintiff A” shall be considered as “Plaintiff”, “Plaintiff B” as “Defendant C”, “Defendant D” as “D”, “Plaintiffs” as “Plaintiffs”, and “Defendants” as “Defendants” (excluding the part 5th to 10th to 15th, as follows).
The witness H's testimony of the fourth 10th 10th - judgment of the court of first instance shall be "the testimony of the witness H of the court of first instance".
In the first instance court’s 4th to 20th 18th 18th 20th 20, the Plaintiff B also has no direct legal relationship with the Defendants in relation to the land of this case except that the Plaintiff A participates in the real estate development project that is being implemented by the Plaintiff A.
Article 4(3) of the Real Estate Real Name Act provides that "The establishment of a mortgage agreement that the Defendant entered into with respect to the land of this case shall be null and void as a conspiracy between the Defendants, or that the establishment of a mortgage agreement that the Defendant entered into with respect to the instant land is null and void as it does not fall under the third party under Article 4(3) of the Real Estate Real Name Act, and thus, the establishment of a mortgage in the name of Defendant D based on the registration of ownership transfer of Defendant C, which is null and void as it is also null and void. Thus, the Defendants are obligated to cancel the establishment of a mortgage and the registration of ownership transfer on the instant land." "The establishment of a mortgage agreement that the Defendant and D entered into with respect to the instant land is null and void as a false conspiracy between the Defendant and D, or that D was actively involved in the Defendant's act of credit is not a third party under Article 4(3) of the Real Estate Real Name Act."