배당이의
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On October 2, 2012, the Defendant entered into a mortgage agreement with the obligor and the maximum debt amount, 975,000,000, as to each of the real estate listed in the separate sheet owned by E and its owner (hereinafter “each of the instant real estate”). On October 2, 2012, the Defendant completed the registration of establishment of a neighboring mortgage on the same day.
B. On October 2, 2014, Plaintiff A prepared a lease agreement under which the entire real estate and Nos. 1, 200,000,000, and period from October 2, 2014 to October 2, 2019 are leased, Plaintiff A completed business registration on October 10, 2014, and obtained the fixed date of the above lease agreement on November 19, 2014.
C. On October 10, 2014, Plaintiff B, the representative director of Plaintiff A, prepared a lease contract under which the left-hand bank is set at KRW 20,000,000 and the period from October 10, 2014 to October 10, 2016. On November 13, 2014, Plaintiff B, the representative director of Plaintiff A, completed the said lease contract with the fixed date fixed on the said lease contract, and completed the move-in report on the said real estate on November 18, 2014.
Plaintiff
On November 7, 2014, Plaintiff C, an employee of A, prepared a lease agreement with the content that he/she leases 12 square meters of 15,000,000 square meters of a room among the two floors of the real estate of this case and paragraph (2) of this case during the period from November 11, 2014 to November 11, 2016, and completed a move-in report on the said real estate on November 18, 2014, and obtained a fixed date in the said lease agreement on November 19, 2014.
E. On March 16, 2015, the Defendant filed an application for voluntary auction with Suwon District Court D regarding each of the instant real estate based on the foregoing right to collateral security and received a decision to commence voluntary auction on March 16, 20
(hereinafter “instant auction”). On April 29, 2016, each of the instant real estate was sold to Plaintiff A during the instant auction procedure.
F. The Plaintiffs are commercial tenants or housing tenants who hold each claim for refund of deposit based on each of the above lease agreements at the instant auction procedure.