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1. Of the judgment of the court of first instance, the part of the judgment against Defendant C regarding the land listed in paragraph 4 of the attached list of real estate shall be revoked.
Reasons
(c)be liable;
[표] 단위 : 원(원 미만 반올림) 토지 순번 수익자 (피고) 시가 (A) 안분된 피담보채권액 [B = 1,000,000,000 × A / 시가 합계액 가액배상금 (A - B) 원고 청구금액 2017. 1. 5. 이전 2017. 1. 5. 이후 제1항 B 76,797,000 70,761,777 6,035,223 6,035,216 제3항 B 9,931,140 9,150,684 780,456 780,455 제4항 C 188,394,000 260,151,762 제5항 - 2,000,000 제6항 (627/ 2,093 지분) - 25,833,598 제7항 B 19,477,600 17,946,920 1,530,680 1,530,679 제8항 B 248,129,280 228,629,618 19,499,662 19,499,641 제9항 B 31,923,600 29,414,830 2,508,770 2,508,768 제10항 B 18,903,140 17,417,605 1,485,535 1,485,534 제11항 - 292,286,100 제14항 - 43,000,000 제15항 B 15,386,700 14,177,510 1,209,190 1,209,189 제16항 B 12,771,850 11,768,152 1,003,698 1,003,696 제17항 B 68,429,600 63,051,943 5,377,657 5,377,651 제18항 B 9,124,100 8,407,067 717,033 717,032 제19항 B 9,438,000 8,696,299 741,701 741,700 제20항 B 13,463,600 12,405,540 1,058,060 1,058,059 합계 1,085,289,308 (*제6, 11, 14항 제외 시 : 724,169,610 41,947,665 41,947,620
3. The Plaintiff’s claim against the Defendants should be accepted to the extent that acknowledged earlier.
Since the part of the judgment of the court of first instance against Defendant B is justified with the conclusion, Defendant B’s appeal is dismissed.
However, the part of the land set forth in paragraphs 1-A and 2-A of the order of the court of first instance concerning the land set forth in paragraph 1, 3, 7, 8, 9, 10, 15, 16, 17, 18, 19, 19, and 20 of the same list was modified as stated in Paragraph 3 of this Article by the plaintiff according to the reduction of claims filed by this court.
The part against Defendant C regarding the land listed in paragraph 4 of the same list among the judgment of the court of first instance is not justifiable, and thus, the appeal by Defendant C is partially accepted, and the Plaintiff’s claim against Defendant C is dismissed, and the remaining part against Defendant C is just in conclusion. Thus, Defendant C’s remaining appeal is dismissed.