1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant's assertion H completed the provisional seizure of each real estate by Daejeon District Court 95Kahap845, 95Kahap846 as to the real estate of this case and completed the provisional seizure registration on May 26, 1995 and May 27, 1995.

The provisional attachment No. 95Kahap845 of Daejeon District Court is identical with the claimed amount of KRW 200 million with the maximum debt amount of the right to collateral security of this case. Among the debtors of the above provisional attachment, I and F are identical with I and F, the debtor of the right to collateral security of this case. The provisional attachment decision and the establishment date of the right to collateral security of this case are close to this day.

According to the loan list of H H Co., Ltd. H’s loan details on May 195, 125,891,701, and each claim amount of provisional seizure was KRW 200 million and KRW 698,059,318, since each of the above claims amounted to KRW 298,05,318, each of the above provisional seizure should be deemed to include the secured obligation of the instant collateral security.

As such, there is no distribution dividends for each of the above provisional seizure in the instant distribution schedule.

Therefore, the claim secured by the right to collateral security of this case cannot be deemed to have ceased to exist at the time of the application for auction of this case due to the registration of each provisional seizure.

B. According to the statements in Eul evidence Nos. 10-1 to 3, Eul evidence No. 11, Eul evidence No. 12, Eul evidence No. 13-1 and Eul evidence No. 2, as to the real estate of this case, H Co., Ltd. received a decision on provisional seizure of each of the real estate of KRW 698,05,059,318 from Daejeon District Court as the claim amount of KRW 95Kahap845 as to the real estate of this case and KRW 200,000,000,000, and KRW 95Kahap846 as Daejeon District Court.