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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 26, 2011, the Plaintiff entered into a sales contract with I on the land J and K (hereinafter “instant land before the instant partition”) in the official city prior to the division, and completed the registration of ownership transfer on the land before the instant partition.
B. On December 25, 2011, the Plaintiff agreed to borrow KRW 250 million from the Defendants at an annual interest rate of 36%, and agreed to the Defendants to set up a right to collateral security on the land before the instant partition.
C. On December 26, 2011, the Defendants: (a) determined the Plaintiff, the Defendants, the mortgagee, and the maximum debt amount of KRW 3775 million with respect to the instant land before the instant partition; and (b) received and paid for the registration of creation of each collateral security (hereinafter “instant collateral security”) from the Daejeon District Court on December 26, 201, as the receipt of No. 36610, Dec. 26, 201.
Meanwhile, among the land before the instant partition, K was divided into K, L, and M on April 20, 2012.
Of the land before the instant partition, the J was divided into N,O, P, and Q after the registration conversion into N on April 20, 2012.
E. On July 2, 2012, the Plaintiff sold each of the lands listed in the separate sheet (hereinafter “instant land”) among the divided lands to H around July 2, 2012.
H completed the registration of ownership transfer on July 20, 2012 on the instant land based on the said sale.
F. On June 25, 2014, the Defendants filed for a voluntary auction on the instant land with Daejeon District Court’s public order branch, and received a voluntary decision to commence auction (the former court G) from the said court.
The above court presented the distribution schedule stated in the attached Table (hereinafter “instant distribution schedule”) on the date of distribution held on July 23, 2015, in the course of the above voluntary auction procedure, to interested parties.
The Plaintiff, as a debtor, appeared on the aforementioned date of distribution, stated an objection against the total amount of dividends to the Defendants among the instant distribution schedule, and filed the instant lawsuit on July 30, 2015.
Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, 4, and Eul.