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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts G completed, on January 15, 1999, each of the real estates listed in the separate sheet owned by the Defendants (hereinafter “the instant real estates”) with respect to the establishment of a mortgage agreement with the Gwangju District Court No. 1609, which was received on January 27, 199, (i) the maximum debt amount (37,393,790 won), Defendant B, Defendant B, Defendant G, and Defendant G, the maximum debt amount (ii) the mortgagee C, Defendant G, the debtor, the maximum debt amount (iii), Defendant D, the debtor, G, the debtor, the debtor, the maximum debt amount (iv), Defendant D, the debtor, the maximum debt amount), Defendant D, the debtor, the maximum debt amount (hereinafter “the establishment of each of the instant mortgages”).
He/she applied for a voluntary auction of the instant real estate to the Gwangju District Court I on July 6, 2012, which was the first mortgagee and the first mortgagee of G with respect to the instant real estate. The auction procedure concerning the instant real estate (hereinafter “instant auction procedure”) was commenced on July 6, 2012 when the said court rendered a voluntary decision to commence the auction procedure.
In the instant auction procedure, the appraisal price of the instant real estate was assessed as KRW 427,377,560. On April 24, 2013, the Plaintiff reported 330,000,000 from the third bidding date to the bid price, and became the highest bidder on May 1, 2013.
However, after H’s withdrawal of the above voluntary auction application on April 26, 2013, the Plaintiff, the highest purchaser, sought consent to the Plaintiff. On May 22, 2013, the instant auction procedure was completed upon the Plaintiff’s consent to the withdrawal.
Since June 17, 2013, the Plaintiff entered into a sales contract with G to purchase the instant real estate amounting to KRW 420 million, and completed the registration of ownership transfer in the name of the Plaintiff on the same day.
The Plaintiff shall transfer to H KRW 180 million on May 31, 2013, to H, to J, KRW 20 million on May 31, 2013, and KRW 40 million on June 10, 2013, to the bank account or pay in cash.