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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff of the parties, etc. was a corporation established for the purpose of purchasing non-performing loans and managing assets for purchase claims, etc., and acquired the loan claims against E from D by the bankruptcy trustee of the Marisung Credit Union (hereinafter “Marisung”) under the bankrupt.
E is the debtor of the above loan claim, the F 1342m2 in Gwangju Mine-gu (hereinafter “the instant real estate”), G 453m2 (hereinafter “the instant real estate”) and the H 582m2m2 prior to H (hereinafter “third real estate”). The Defendants are the mortgagee of the instant real estate. The Defendants are the mortgagee of the instant real estate.
B. On March 20, 2006, the Defendants registered the establishment of a neighboring mortgage (hereinafter “Defendant A’s right to collateral security”) with the maximum debt amount of KRW 200 million with respect to the instant real estate Nos. 1 and 2, and on April 19, 2006, the establishment of a neighboring mortgage (hereinafter “Defendant B’s right to collateral security”) with respect to the instant real estate to Defendant B with the maximum debt amount of KRW 200 million (hereinafter “Defendant B’s right to collateral security”), respectively.
C. On November 208, 2008, the court rendered a ruling that "the defendant shall jointly and severally pay to the plaintiff 389,767,620 won with interest rate of 13.5% per annum from April 6, 2003 to April 23, 2003, and 19% per annum from the next day to the day of full payment," and the above ruling became final and conclusive on December 16, 2008, D received the loan claim from the above D and received the loan claim from the above Gwangju District Court 2008Ga70829 decision and succeeded to the loan execution clause from the above Gwangju District Court 208Ga70829 decision on December 11, 201."