1. The defendant's appeal is dismissed.

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

The purport and purport of the appeal [the purport of the appeal]

1. Facts recognized;

A. 33 persons, including Plaintiff A, Plaintiff C, Defendant, L, and K, in the course of the auction procedure on the building site and commercial buildings, are both the parts of the building on the second floor of the 2nd floor built of concrete slve of the ground steel-frame in Seocho-gu Seoul, Seocho-gu, Seoul, and I (hereinafter collectively referred to as “the instant building site”; hereinafter collectively referred to as “the instant building site”) and the part of the building on the 12387.6 square meters on the ground, which were sold in lots from G, and completed the transfer of ownership due to the lack of the division of the building and the registration of the site ownership.

(2) Before the sale of the instant building, G obtained a loan from the J (hereinafter “J”) and completed the registration of the establishment of a collateral security right with respect to the shares of 181.14/7649.2 of the instant H site and the shares of 169.65/1844.47 of the instant building (hereinafter “instant auction shares”). However, upon the failure of G to repay the said debt, G’s voluntary auction procedure on November 6, 1992 (hereinafter “auction procedure”).

(3) Some of the multiple parties (hereinafter “joint bidders”) were at the risk of loss of their right to sell the pertinent auction procedure, and they jointly participated in the auction procedure of this case (part of the multiple parts were separately designated as the title holder of the joint bidders), and were awarded a successful bid in the entire auction share of this case.

B. Each joint bidder (1) agreed on the joint bid of several parts, with regard to the apportionment ratio of successful bid price before participation in the auction, the joint bidder decided to share the cost on the basis of the area actually occupied and sold from G.

At that time, some of the several parts were not in accord with the actual possession area and the share in the registration of sale. The share in the auction of this case is unsold in the beginning with the share in which some of the existing several parts were renounced (the share in the waiver of auction) in addition to the share in which the joint bidder acquired in lots.