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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) on December 20, 204, the Plaintiff lent KRW 100,000,000 to F on December 20, 2004 at an interest rate of 1.2% per month, and the due date of repayment on December 20, 2005. The Plaintiff jointly guaranteed the Plaintiff’s debt to E and jointly guaranteed the Plaintiff. (2) On January 10, 2012, the Plaintiff filed an application for the payment order to seek the payment of the above debt with F, E, and G with the Busan District Court 2012Ra60, Ulsan District Court 2012Ka866, and on May 3, 2012, the Plaintiff was jointly and severally paid to the Plaintiff with the payment order at the rate of KRW 100,000,00 and KRW 201,00 per annum from the above court to the date of repayment.
E filed an appeal against the above judgment as Busan High Court Decision 2012Na4114, but the judgment of dismissal was rendered on October 18, 2012, and the appeal was again filed by Supreme Court Decision 2012Da10567, but the appeal was dismissed on February 28, 2013, and the above judgment of the first instance became final and conclusive.
B. E’s establishment of the right to collateral security against the Defendants: (a) around August 12, 201, borrowed KRW 100,000 from Defendant B, who was known to the Plaintiff at ordinary time, from August 16, 201; and (b) on August 16, 201, attached Form B to Defendant B
1. On August 15, 2011, with respect to each of the real estate listed in the list of real estate (hereinafter referred to as “one piece of land”) the establishment registration was completed on the basis of a mortgage contract concluded on August 15, 201, which was the maximum debt amount of 130,000,000.
(B) From January 4, 2012 to January 6, 2012, E means the sum of KRW 100,000,000 from the Defendant C, which is the starting point of V, known to the general public between January 4, 201 and January 6, 2012, E means the sum of KRW 10,00,00,00, to the Defendant C, attached hereto.
2. On January 6, 2012, with respect to one-third share of each real estate indicated in the list of real estate (hereinafter “second-third land”) the establishment registration of a mortgage consisting of a maximum debt amount of 120,000,000 won on the ground of a contract establishing a mortgage as of January 6, 2012.
The following is called a "second priority mortgage":