1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

(b).

The reasoning of this Court’s reasoning is as follows: (a) the reasoning of this Court’s reasoning is the same as that of the judgment of the first instance, except where any additional determination is added below; and (b) such reasoning is cited pursuant to Article 420

Therefore, the judgment of the court of first instance is legitimate, and the appeal by the defendants is dismissed as it is without merit.

《추가판단》 피고 C조합법인은, 이 사건 제1근저당권 설정계약은 이 사건 제1부동산의 가액인 1,999,350,000원에서 선순위 근저당권의 피담보채무액 합계인 1,810,251,400원을 공제한 189,098,600원의 범위에서만 취소되어야 한다고 주장한다.

The creditor may file a lawsuit of demurrer against distribution as restitution, if another person acquired ownership as a result of the auction procedure when revoking the mortgage contract as a fraudulent act, and the registration of establishment of a neighboring mortgage was cancelled, and if the creditor appeared on the date of distribution and raised an objection against the dividend portion of the beneficiary, such creditor may file a lawsuit of demurrer against distribution as

In such cases, the court shall cancel the contract to establish a mortgage only to the extent that the claims of the creditors have not been satisfied without considering the existence of other creditors than the creditors concerned who have filed a lawsuit of demurrer against the distribution.

(See Supreme Court Decision 2003Da6200 Decided January 27, 2004). In full view of the evidence Nos. 8-1, 15, and 17 of the evidence Nos. 8-1, 15, and the purport of the entire pleadings, the above defendant distributes the amount of KRW 663,60 million equivalent to the maximum debt amount of the first collateral mortgage of this case to the above defendant at the auction procedure for exercising the security right to the real estate No. 1 of this case [Attachment AK, AL, and AM (Dus)], while the above defendant distributes the amount of KRW 663,60 million equivalent to the maximum debt amount of the first collateral mortgage of this case to the plaintiff, who is the creditor of provisional attachment of KRW 1,415,250,000, the distribution schedule that did not distribute the amount to the plaintiff on February 21, 2018. Accordingly, it is recognized that the plaintiff raised an objection to the above part of the defendant's dividends and currently is in progress among them.