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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
1..
Reasons
1. The reasoning of the judgment of the court of first instance cited in the instant case is that of the first instance judgment, except for an additional determination under paragraph (2) as to the assertion emphasized by the Defendant by filing an appeal, and thus, citing it as is by the main sentence of Article 420 of the Civil Procedure Act
(The grounds for appeal by the defendant do not differ significantly from the argument in the judgment of the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate). 2. Determination as to the defendant'
A. The gist of the assertion: ① the Plaintiff (Appointed Party) and the Appointed C (hereinafter collectively referred to as “Plaintiffs”) have completed the establishment registration of a collateral on September 13, 2014 with respect to JJ on the following grounds: (a) the right to collateral security for the instant real estate was already implemented and terminated; and (b) the Plaintiffs’ right to collateral security for the said real estate was not created any damages for delay after the said right to collateral security was realized as the right to collateral security for the said real estate was extinguished; (b) the Plaintiffs cannot acquire the ownership of the instant real estate due to the settlement of accounts belonging to December 15, 2014; (c) the possession of the Defendant who entered into a lease agreement with Nonparty G is lawful; and (d) the Plaintiffs collected the instant real estate by compulsory execution in preference to Nonparty G and other property despite the possession of the right to collateral security for the instant real estate; and (e) the Plaintiffs collected damages for delay by entering into a settlement agreement with Nonparty G after the lapse of about 10 years following the settlement procedure.
B. 1 Defendant 1: (2) The exercise of security rights by a creditor in a decision on the assertion is subject to either a disposition of realization or an evaluation and settlement in accordance with the agreement between the parties; and (3) the creditor has set up a collateral security to a third party with respect to the secured real estate.