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1. The plaintiff's appeal and the defendant's appeal are all dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
Reasons
1. Basic facts
A. On September 1, 2014, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “E”) from E Co., Ltd. (hereinafter “E”) and completed the registration of ownership transfer on September 2, 2014. On September 2, 2014, the Plaintiff completed F with respect to each of the instant real estate on September 2, 2014 the registration of creation of mortgage (hereinafter “instant mortgage”) over KRW 400,000,000 for the maximum debt amount on the ground of the contract to establish the right to collateral security (hereinafter “instant mortgage”). On July 6, 2015, F completed the registration of establishment of the instant mortgage on the ground that the transfer of confirmed claim was made on May 14, 2015 to the Defendant.
B. Since then, in the auction procedure of the auction of the real estate proceeds in progress to Gwangju District Court’s net support C, the above court prepared a distribution schedule of the amount of KRW 3,685,456,062 to be actually distributed on March 7, 2017 as follows (hereinafter “instant distribution schedule”). The Plaintiff also raised an objection against the Defendant’s total amount of dividends on the said distribution date as the debtor and owner.
The grounds for the distribution order of creditors are as follows: each entry in Gap's 1, 4 through 6 (including provisional numbers; hereinafter the same shall apply)'s 120,000,000 4,000,000 4,000,000 D 13 D 120,000 90,184,282 75.15/ [Grounds for Recognition] Gap's 1, 4 through 6 (including provisional numbers; hereinafter the same shall apply)'s 1, and the purport of the whole pleadings.
2. Whether the secured claim exists;
A. The gist of the Plaintiff’s assertion is that the mortgage of this case is null and void since the secured claim does not exist, and accordingly, the transfer of the mortgage of this case to the Defendant is null and void. As such, the part against the Defendant in the instant distribution schedule should
B. In full view of the following facts: (a) G with the representatives of E and the representatives of the Plaintiff, i.e., F and H around August 2014, i.e., the F and H 302 J of F and H around August 2014, comprehensively taking into account the descriptions of Gap’s evidence Nos. 10, 15, 16, and Eul evidence Nos. 4, and the testimony of the first instance court witness F, G and H.