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1.The judgment of the first instance shall be modified as follows:
Among the instant lawsuits, Defendant C, D and B on December 22, 2011.
Reasons
1. Basic facts
A. On November 19, 2010, F and G acquired 1/2 shares of each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “the instant land”) through a voluntary auction procedure, and E previously owned each real estate listed in the separate sheet Nos. 3 through 18 (hereinafter “the instant building”).
B. On April 27, 2012, F and G filed a lawsuit seeking the removal, etc. of the instant building with the Incheon District Court 2010Gahap22701 as the other party to E, and on April 27, 2012, F and G were sentenced to a judgment stating that “E removes the instant building to F and G, delivers the instant land, and pays the amount calculated at the rate of KRW 1,83,000 per month from November 20, 2010 to the completion of the removal and delivery (hereinafter “instant related judgment”). The instant judgment became final and conclusive on May 19, 2012.
C. The Plaintiff, as a successor to F and G on April 22, 2013, was granted the succeeding execution clause regarding the instant judgment, and the certified copy of the said succeeding execution clause was served on E on August 20, 2013.
However, on November 8, 2011, E concluded a mortgage agreement (hereinafter “mortgage agreement”) between Defendant C, D, debtor, and maximum debt amount of KRW 850 million with respect to the instant building, and completed the registration of creation of a neighboring mortgage (hereinafter “mortgage creation”) as of November 10, 201 by the Incheon District Court’s reinforcement registry office No. 33418, supra.
After that, on December 22, 2011, Defendant C and D entered into a contract on the transfer of KRW 300 million out of the secured debt of the instant right to collateral security (hereinafter “instant contract on the transfer of claims”). On December 23, 2011, Defendant C and D completed the registration of partial transfer of collateral security (hereinafter “instant registration of partial transfer of collateral security”) with the same registry office No. 37853, Dec. 23, 201.
E. In addition, on December 23, 201, E in the instant case between Defendant B and Defendant B.