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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The following facts can be acknowledged by taking into account the following facts: Gap evidence 1, evidence 2-1, evidence 2-2, and evidence 21, evidence 22-1, and evidence 1-2, and evidence 1-2, and all the arguments. A. There is no counter-proof.
With respect to each real estate listed in the separate sheet (hereinafter each of the instant real estate; hereinafter the same shall apply) owned by the Plaintiff, the Plaintiff completed the registration of creation of a mortgage (hereinafter referred to as the registration of creation of a mortgage of each of the instant real estate) with the Daegu District Court Port District Court No. 36698, Jun. 12, 1990, and the registration office No. 2239, Jan. 15, 1991, each of the maximum debt amounts of KRW 150,500,000,000,000,000 won, as the maximum debt amount of KRW 1,539,000,000
B. After that, the Plaintiff filed a counterclaim against the Plaintiff (the above court 92 Gohap1650) seeking the cancellation of the registration of creation of a new mortgage over each of the instant neighboring areas in Daegu District Court, Daegu District Court, and the Plaintiff filed a counterclaim against the Plaintiff (the above court 92 Gohap1667) for the payment of KRW 265,00,000 to the Plaintiff. The above court rendered a final judgment against the Defendant (B) on February 11, 1993, "the Plaintiff (A) paid 120,000 won to the Defendant (B) and the amount equivalent to 55% per annum from April 7, 1992 to February 11, 1993, and 25% per annum from the next day to the date of full payment." The judgment against the Plaintiff (A) and the remainder of the Plaintiff (B)’s counterclaim was dismissed, both of the above judgment of the first instance court 97 Na5316,975.16
C. A cooperative filed an application for a compulsory auction (F) on each of the real estate in this case with the Daegu District Court and its racing support as the title of debt. In the auction procedure, the above court shall pay the actual amount of dividends except 8,535,000 won for execution expenses on September 3, 1999.