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1.The judgment of the first instance shall be modified as follows:
As to the F real estate auction case in Busan District Court.
Reasons
1. Basic facts
A. G’s obligation and the right to collateral security with its secured obligation: (a) as of October 20, 1989, G was created with a loan certificate stating that the amount of KRW 600 million from H is interest rate 2% (payment on October 20, 1991); (b) as of October 20, 1991, the loan certificate stating that the amount of KRW 300 million from the Defendant A, the mother of October 30, 1989, shall be 2% (payment on October 30, 1991); (c) as of October 30, 1991, the loan certificate stating that the amount of KRW 300,000,000,000,000,000,000,000,000 won, paid on October 10, 1989, and each of the creditors concerned shall be issued the loan certificate after setting the loan certificate as of October 1, 1991.
② In order to secure the above loan obligations, G completed the registration of creation of a mortgage on the 4/18 shares owned by the principal among the 5,064 square meters of Gangseo-gu Busan Metropolitan City J on January 29, 1992, with respect to the maximum debt amount of KRW 1.5 billion, the debtor, G, Defendant A and I of the right to collateral security, and H as the registry office of the Busan Metropolitan City on January 29, 1992. At around that time, G completed the registration of establishment of a mortgage on the 4/18 shares owned by the principal among the 1,860 square meters of P, P, Seo-gu, Busan Metropolitan City on the 1,860 square meters and 32 shares,
(3) The I died on September 8, 2007, and succeeded to the property of the respondent B, the wife of the Defendant B, the D, and the E, respectively.
B. The auction proceeds due to failure to repay the debt (1) but G did not pay the principal and interest of each of the above loans, Defendant A, I, and H applied for the auction of real estate rent in order concerning each of the following real estate (where shares exist, the entry of the shares is omitted) and received the amount of dividends. The specific details are as listed below.
After all, Defendant A, I, and H received a total of KRW 1,278,080,152 in the course of auction.
The amount of distribution on the date of preparing a distribution schedule of the real estate auction case number for the auction sale subject to the sequence 1, and the 1,692 square meters prior to R.