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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 7, 2018, Plaintiff B lent money to E and obtained a provisional attachment order for KRW 277,58,000 as Seoul Northern District Court Decision 2018Kadan131 on the same day, and completed a provisional attachment registration for F apartment G (hereinafter “instant real estate”).
Plaintiff
A also lent money to E on April 23, 2018, and received a provisional attachment decision of KRW 205,835,549 from the Seoul Northern District Court Decision 2018Kadan505 on April 23, 2018, and completed a provisional attachment registration on the instant real estate on the same day.
B. On October 31, 2018, at the request of H, the real estate compulsory auction procedure (hereinafter “instant auction procedure”) was initiated regarding the instant apartment as Seoul Northern District Court D, and Plaintiff A submitted each claim statement of KRW 205,835,549, and Plaintiff B submitted each claim statement of KRW 277,58,000 in the above auction procedure.
On January 11, 2019, the Defendant submitted an application for demand for distribution to the above auction court by asserting that “E has a claim based on the original copy of the payment order (Seoul Northern District Court Decision 2018Guj26878),” and submitted a claim statement that the claim based on the original copy of the payment order was KRW 160,19,149.
C. On the date of distribution of the instant auction procedure opened on July 10, 2019, as to KRW 656,569,623, which was the amount to be distributed to the said auction court, deducted the execution expenses, etc. from among KRW 661,317,537, the said auction court prepared a distribution schedule stating that “The plaintiff and the defendant all order of 4 order; KRW 61,018,294; KRW 82,28,732 to the plaintiff; KRW 82,28,732 to the plaintiff; KRW 47,489,750 to the defendant; and the plaintiffs filed a lawsuit of demurrer against the distribution to the defendant on July 15, 2019.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 6, and 7, and the purport of the whole pleadings
2. The plaintiffs' assertion regarding the plaintiffs is that the defendant and the debtor E are mother and mother, and the defendant.