유체동산인도
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The status of the parties 1) Plaintiff A as the representative of Plaintiff B, E church, and Nonparty G church (hereinafter “G church”)
(2) The Defendant is the representative of the Gu Government District Court’s H Voluntary Auction proceeding. (2) The Defendant is the successful bidder of each real estate (hereinafter “each of the instant real estate”) listed in the attached Table 1 (hereinafter “each of the instant real estate”).
B. On September 9, 2010, G principal agreed with the IF to set up a collateral on each of the instant real property as a security for a loan of KRW 7.75 billion with respect to each of the instant real property. Accordingly, on the same day, the maximum debt amount of each of the instant real property was changed to KRW 10 billion ( KRW 6.45 billion on December 26, 2012).
(2) On August 27, 2014, the Court rendered a voluntary decision to commence the auction of each of the instant real estate based on the right to collateral security and rendered a voluntary decision to commence the auction on August 27, 2014.
(3) On September 9, 2016, the Defendant purchased each of the instant real estate at the instant auction procedure and completed each registration of ownership transfer in the name of the Defendant. (C) On March 18, 2015, the Plaintiff Association reported the right of retention at the instant auction procedure. The Plaintiff Association filed a lawsuit against the Plaintiff Association to confirm the existence of the right of retention (Seoul Central District Court Decision 2015Da510874), and the Plaintiff Association filed an appeal (Seoul High Court Decision 2015Na207587) and the final appeal (Supreme Court Decision 2016Da2293555). However, the Plaintiff Association’s appeal and final appeal were all dismissed, and the judgment of the first instance court became final and conclusive.
2 The Defendant filed an application for the issuance of the real estate delivery order with respect to each of the instant real estate with respect to the G principal and the Plaintiff B principal, and the J of the same court on September 27, 2016 shall be the Plaintiff B principal.