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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On June 4, 2015, F Co., Ltd. (hereinafter “instant land”) received the successful bid and paid the price. In the auction procedure, G GJ 672.5 square meters (hereinafter “instant land”).
B. On January 25, 2017, the Plaintiffs and the Defendant purchased the instant land through H Co., Ltd. (hereinafter “Nonindicted Company”) and lent money to I wishing to undertake the construction of contact, and completed the registration of creation of a new mortgage on the instant land with the Plaintiff’s maximum debt amount of KRW 360,00,000, the debtor I, the registration of creation of a new mortgage on the instant land with the Plaintiff B and the Defendant as the debtor I, the maximum debt amount of KRW 345,00,000, and the debtor I.
(hereinafter referred to as “the establishment registration of each of the instant establishments”) C.
At the request of J, which is the right to collateral security regarding the land of this case, the voluntary auction procedure was initiated in this court D, and the voluntary auction procedure was initiated in this court E upon the request of Plaintiff A, who is the right to collateral security.
On February 20, 2019, the court of execution prepared a distribution schedule to distribute KRW 2,195,280 among KRW 1,405,883,102, which was to be actually distributed on the date of distribution, to Bocheon-si, the holder of the first priority to deliver (the pertinent tax), KRW 1,703,110,00, which was the holder of the first priority to deliver (the pertinent tax), to K Co., Ltd., the holder of the second priority to distribute KRW 200,000,000,000 to L Co., Ltd, the holder of the second priority to distribute KRW 306,727,580, which was the mortgagee, to the Plaintiff, the holder of the second priority to distribute KRW 293,947,265 to the Defendant, the holder of the second priority to distribute KRW 293,947,265, which was the holder of the second priority to the Defendant, the holder of the second priority to distribute.
E. The Plaintiff’s agent appeared on the date of distribution and raised an objection against KRW 143,272,420 out of the amount of distribution against the Defendant, and the Plaintiff B appeared on the date of distribution, and raised an objection against KRW 141,052,735 out of the amount of distribution against the Defendant, and filed a lawsuit of demurrer against the Defendant on February 26, 2019, within seven days thereafter.
【Legal basis for recognition】 Each entry in the evidence Nos. 1 through 3, and the purport of the whole pleadings.