1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. In order to secure a loan claim against E on September 9, 2011, the Plaintiffs were established by E with respect to the F Building No. 402 (hereinafter “instant building”) owned by it, the maximum debt amount of KRW 420,000,000, as to the F Building No. 402 (hereinafter “instant building”).

B. On the other hand, the Namcheon Saemaeul Saemaul Bank, which established a senior mortgage rather than the plaintiffs with respect to the building of this case, filed an application for voluntary auction of the building of this case with the Incheon District Court as the debtor delayed the debt of the loan, and the decision of voluntary auction was rendered on September 6, 2012 to the Incheon District Court D.

C. On August 9, 2013, the instant building was sold at the above auction procedure (hereinafter “instant auction procedure”). On the date of distribution, the executing court, as the first-class lessee to the Defendant on the date of distribution, set up a distribution schedule that distributes the amount of 27,239,755 won out of the amount of claim 436,00,000,000 to the Plaintiffs as the third-class mortgagee, and the Plaintiffs were present on the date of distribution and stated that they have an objection to the whole amount of dividends against the Defendant.

The Plaintiffs filed the instant lawsuit in this Court on August 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 9, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant, in collusion with E, a lessor, concluded a lease agreement by pretending to the lessee of a small amount under the Housing Lease Protection Act for the purpose of undermining the creditors including the Plaintiffs, and the distribution schedule as stated in the purport of the claim against the Defendant ought to

B. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer against distribution is in accordance with the principle of allocation of burden of proof in general civil procedure. In a case where the plaintiffs asserted that the claims of the defendant have not been constituted, the defendant is liable to prove the grounds for the claim,