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1. The part against Defendant B among the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant B is dismissed.
2...
Reasons
1. Basic facts
A. On January 204, 2004, the date of acquiring the ownership of the real estate owned by the Plaintiff, the Plaintiff entered the ownership of each of the real estate column as follows: (a) on April 3, 2005, the 3392 square meters in Ansan-si, Ansan-si, 1567 square meters in Ansan-si; (b) on June 4, 2004, the 73 square meters in Ansan-si; (c) the 3425 square meters in Chungcheongnam-si, 5 Ansan-si; (d) the 1448 square meters in Ga-si, 6 Ansan-si; and (e) the 3444 square meters in Ma-si, 344 square meters in Ma-si, 344 square meters on April 7, 2005; and (e) the 68.62 square meters in the 3208 square meters in each column of the ownership of each real estate on the following date.
B. On January 14, 2009, on the registration of the establishment of a neighboring mortgage under the name of the Defendants and F, the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) was completed with respect to the real property as set forth in the above paragraph (a) with the Plaintiff, the Defendants, and the F, the maximum debt amount of KRW 2 billion.
C. On December 19, 2014, the auction and distribution schedule for real estate listed in Nos. 8 of the above paragraph (a) (hereinafter “instant housing site and building”) was prepared, with respect to the real estate (hereinafter “instant auction procedure”). On June 11, 2015, the said court prepared a distribution schedule containing the following: (a) on the date of distribution of the instant auction procedure, 45,548,231 won (fourth, 6.07%) to F; (b) on the date of distribution, 45,548,231 won (fourth, 6.07%) to Defendant B; (c) 30,365,487 won (fourth, 6.7%) to Defendant C, and 0 won to the Plaintiff, who is the debtor’s owner and owner (hereinafter “instant distribution schedule”).
On June 11, 2015, the Plaintiff raised an objection against the entire amount of dividends to F and the Defendants on the date of distribution of the instant case, but filed a lawsuit of demurrer against the Defendants only.
[Ground of recognition] Evidence A 1 through 3, Evidence B 1 and 2 (including branch numbers; hereinafter the same shall apply).