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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
Reasons
1. Basic facts
A. In order to secure F Co., Ltd.’s obligation to pay for the goods to the Defendants, the Plaintiff filed an application for auction on the instant land owned by F Co., Ltd. (hereinafter “F”), with the Cheongju District Court 18166, which was received on June 29, 2005: ① the Cheongju District Court 45,000,000 won, debtor F, and the Defendant of the right to collateral security; ② the ownership of a brick structure and structure from June 17, 2005 to June 17, 2005; ③ the establishment of superficies on the instant land owned by F Co., Ltd. (hereinafter “F”); ③ the establishment of auction on the instant land by the Cheongju District Court 18166, which was received on June 29, 2005; and ③ the establishment of auction on each of the instant G Co. 1, 2007, which was established on each of the instant G Co. 2, Ltd. (hereinafter “Defendant 17”).
B. F’s rehabilitation procedure 1) On November 30, 2009, the F was decided to commence rehabilitation procedures by the Cheongju District Court 2009 meeting, and on August 9, 2010, the F was decided to authorize the rehabilitation plan (hereinafter “the first decision to authorize”). In such a case, the F’s rehabilitation plan was approved (hereinafter “instant rehabilitation plan”).
The above approval decision was announced on August 11, 2010 and confirmed on August 26, 2010.
According to the instant rehabilitation plan, ① the rehabilitation security right of Defendant C Co., Ltd (hereinafter “Defendant C”) at the time of authorization of the rehabilitation plan reimburses the principal amount of KRW 1,400,00,000 and interest prior to the commencement of the rehabilitation procedure with 100% interest calculated by applying 4.05% per annum to the unpaid principal. ② The rehabilitation claim of Defendant C at the time of authorization of the rehabilitation plan is KRW 1,567,292,321, and the rehabilitation claim of Defendant D Co., Ltd. (hereinafter “Defendant D”) is KRW 174,064,113, among which 50% is paid in cash.