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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. Based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance, the court of first instance has sufficient grounds for admitting the reasoning of the judgment of the court of first instance (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and determination of issues).
The reasons to be stated by this court are the same as the reasons for the judgment of the court of first instance, if it excludes the following additional or further portions, and thus, they are cited in accordance with the main sentence of Article 420
2. On the fourth instance judgment of the first instance court, the following shall be added to the “whether the secured debt exists” as set forth in Section 5 below.
“1) The Plaintiff asserts that the Defendant’s claim against D based on the instant loan certificate was based on a legal act invalid in accordance with a false conspiracy (hereinafter “instant claim”) and the Plaintiff asserts that the Defendant’s claim based on the instant mortgage did not exist at the time when the distribution schedule was prepared in the compulsory auction procedure for the instant real estate (hereinafter “the instant mortgage claim”).
The above part of the argument is first examined.
"2) Determination" is added on the 6th instance judgment of the first instance court.
Part V of the judgment of the first instance, "Nos. 4 through 6, 9, and 10" shall be written with "No. 2-1, No. 4 through 6, and No. 9 through 12" in Part V.
On the other hand, the sum of the money transferred to the account in the name of the defendant during the period from January 23, 1998 to November 4, 2004 under the name of F and his/her spouse G is KRW 1,710,680,00 (attached Form 1), while the sum of the money transferred to the account in the name of the defendant during the period from September 29, 1998 to June 9, 2012 is KRW 1,710,680,000 (attached Form 1).