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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On June 21, 2013, the Plaintiff entered into an investment promotion agreement (hereinafter “investment promotion agreement”) with respect to the E development project (hereinafter “instant project”), which is promoted by the Plaintiff at the N inman-si (hereinafter “instant project”), with which KRW 400 million was invested and repaid by August 30, 2013, but shall pay damages for delay by adding 20% per annum to the late payment delay (hereinafter “investment promotion agreement”).
B. On June 26, 2013, the Plaintiff completed the registration of creation of a collateral security right of KRW 600,000 (hereinafter “mortgage”) with respect to each real estate indicated in the separate sheet to the Defendant on June 26, 2013, as a security for the said investment amount, the amount of maximum debt amount of KRW 600,000,000 (hereinafter “mortgage”).
C. At the time of the registration of the establishment of the neighboring real estate of this case, the real estate Nos. 1 through 13 was registered in the name of D, and the real estate Nos. 14 and 15 was registered in the name of the plaintiff.
On September 15, 2015, the above court prepared a distribution schedule with the following contents in the procedure of real estate auction commenced by the Gwangju District Court's net support C and F (dupl) at the request of the net mining and livestock industry cooperative, which is the senior mortgagee of senior mortgage.
12,860,860,40 of the right to grant the right to claim dividends (No. 6437), 2,860,40 of the right to claim dividends (No. 6438,13612), 430,790,216 of the right to claim dividends (No. 6438,13612), 370,3863, 562 of the right to claim dividends (No. 570,00 G 30,000, 300, 300, 400, 400, 400, 400, 400, 400, 4040, 406, 3706, 3706, 3704, 562, 562, 562, 370, 405, 309, 409, 3636, 4005, 3640.