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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. Of the appeal cost, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. On December 31, 1996, the Plaintiff completed the registration of ownership transfer based on sale on December 30, 1996 (hereinafter “instant registration of ownership transfer”) with respect to Suwon District Court Leecheon-si’s 9,049m2 (hereinafter “instant real estate”).
B. Meanwhile, prior to the Plaintiff’s completion of the registration of the ownership transfer of the instant real estate, Suwon District Court: (a) No. 4659 on March 4, 1992, the Plaintiff completed the registration of the ownership transfer of the instant real estate: (b) the maximum debt amount of KRW 480,00,000; (c) the debtor V, W, X, and T (the debtor is the owner before April 21, 1994 that T owns the instant real estate solely; hereinafter “T”) the mortgagee; (d) the co-defendant E, J, B, F, and S of the first instance trial; and (e) Suwon District Court’s registry office as of August 31, 1995, the registration of the establishment of a mortgage of KRW 500,00,000 with the maximum debt amount of KRW 19831, May 31, 1995; and (e) the registration of the establishment of a mortgage of the instant real estate to the debtor, the debtor, and the co-defendant of the first instance trial.
C. On May 3, 2012, the Co-Defendant L of the first instance trial applied for the commencement of the auction of real estate with the Suwon District Court’s credit support R on May 3, 2012, and was decided by the said court on May 4, 2012.
As to the amount to be distributed on the date of distribution of the above auction procedure held on September 25, 2013, the above court prepared a distribution schedule of KRW 922,318,779, each of the KRW 80,000,000 to the mortgagees of the first place of the instant case including the Defendant, according to the registration of establishment of the creation of the first place of the instant auction procedure, and to distribute KRW 442,318,779 to the Codefendants of the first instance court (hereinafter “instant distribution schedule”), according to the registration of establishment of the establishment of the second place of the instant case, the Plaintiff appeared on the date of the said distribution, raised an objection against the total amount of the said dividends, and filed the instant lawsuit on September 30, 2013.