1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. On June 25, 2004, the Plaintiff filed a lawsuit against B with this court for the claim for reimbursement of 2004da112797, the court rendered a judgment on June 25, 2004 that “B shall jointly and severally with F, G, and H to the Plaintiff 47,869,018 won and 46,340,308 won per annum from May 28, 1999 to June 3, 2004, and 20% per annum from June 4, 2004 to June 3, 2004; B shall jointly and severally with F to pay KRW 12,37,060 each of them (hereinafter “instant judgment”); and the above judgment became final and conclusive on August 11, 2004.

B. On July 15, 1996, B and Defendant A made a registration of the instant collateral security amount of KRW 300 million on the grounds of the contract to establish a contract on July 20, 1996 with respect to each of the real estates listed in the separate sheet 1 and 2. The Defendants made a registration of the instant collateral security amount of KRW 100 million on the grounds of the contract to establish a contract on August 5, 1998 with respect to each of the real estates listed in the separate list 3 and 4.

C. B is, as of the closing date of pleadings, a small-sized property is insolvent in excess of the active property.

(3) In light of the following facts: (a) the obligation against the Plaintiff and the obligation against the provisional seizure creditors who attached the real estate listed in the separate sheet: (b) the obligation in this case and the capital gains tax in arrears; and (c) the obligation against the provisional seizure creditors who attached the real estate listed in the separate sheet: (a) the ground for recognition can be recognized that the negative property exceeds the positive property; (b) the written evidence Nos. 1 and 2 (including the serial number); and (c) the inquiry results of the fact-finding into the

2. The parties' assertion

A. Since the secured debt of the Plaintiff’s claim Nos. 1 and 2 registration of the instant mortgage No. 1 and 2 does not exist from the beginning or the extinctive prescription has expired, the Defendants are obligated to implement the registration procedure for cancellation of the registration of the instant 1 and 2 collateral security.

B. The Defendants asserted that the Defendants invested the purchase price along with the development of hot spring, and subsequently distributed profits if profits occur, the proposal was accepted, and as indicated in the separate sheet, B.