beta
Text
1. All appeals by the defendant against the plaintiffs are dismissed.
2. All costs of the lawsuit shall be borne by the defendant.
3. The first instance.
Reasons
1. Basic facts
A. Plaintiff A has a claim against D for the amount of KRW 125,757,533 of the check amount and damages for delay of KRW 35,00,00 of the check amount, based on the payment order (Cheongju District Court Decision 99Da21318 delivered on April 10, 200) No. 2011 of the Cheongju District Court Decision 2010Da3407 delivered on September 2, 200, and the Plaintiff B has a claim against D for loans of KRW 35,00,000 and damages for delay based on the Cheongju District Court Decision 2010Da3407 delivered on May 2, 200 (the case for extension of the extinctive prescription period of the Cheongju District Court Decision 99Da21431 delivered on May 2, 200).
B. On October 18, 2010, D concluded a contract to establish a mortgage (hereinafter “the first mortgage contract”) with respect to the instant real estate, and completed the registration of establishment of a mortgage (hereinafter “the second mortgage contract”) with the maximum debt amount of KRW 52 million. On March 16, 2011, D concluded a contract to establish a mortgage (hereinafter “the second mortgage contract”) and completed a registration of establishment of a mortgage with the maximum debt amount of KRW 30 million (hereinafter “the second mortgage contract”).
C. The instant real estate was sold at the auction procedure (Cheongju District Court E; hereinafter “instant auction procedure”) commenced by Plaintiff B’s application for a compulsory auction on real estate. In the distribution procedure, the court prepared a distribution schedule with the content of allocating KRW 78,344,262 to the Defendant, a mortgagee, and KRW 25,49,981 to Plaintiff B, an applicant creditor, and the Plaintiff B filed an objection to the said distribution and filed a lawsuit of demurrer to the distribution (Cheongju District Court 2012Ga20246) and the Defendant did not receive the said dividends.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including a serial number; hereinafter the same shall apply), and oral pleadings.