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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. Facts of recognition;
A. The spouse D and the spouse B of Defendant C are those who engaged in credit business as a partnership business, and the Plaintiff borrowed money from D and E from April 201 to May 2013.
B. In order to secure loan obligations to D and E, with respect to each real estate listed in paragraphs 1 and 2 of the attached Table (hereinafter “instant real estate”) indicated in the attached Table Nos. 1 and 2, the Plaintiff: (a) registered the creation of a neighboring mortgage with the maximum debt amount of KRW 160 million on May 3, 2012; (b) registered the creation of a neighboring mortgage with the maximum debt amount of KRW 100 million on September 18, 2012; (c) registered the creation of a neighboring mortgage with the maximum debt amount of KRW 360 million on November 16, 2012; (d) registered the creation of a neighboring mortgage with the maximum debt amount of KRW 360 million on May 21, 2013; and (e) registered the establishment of a mortgage with the maximum debt amount of KRW 160 million on September 3, 2012 as indicated in paragraph (3) of the attached Table No. 3 (hereinafter “the maximum debt amount of KRW 500 million”).
C. The Plaintiff delayed the repayment of loan obligations, D was voluntarily decided to commence the auction on the instant real estate first and second real estate as the Daegu District Court Port Support Fund on August 12, 2013.
D Even after having received the said decision to commence voluntary auction, the Plaintiff did not repay the loan obligation, the purchaser as the Defendants, and entered into a sales contract with the Plaintiff on October 2, 2013, under which the Plaintiff purchased the instant real estate in KRW 1.9 billion. The sales contract was concluded with each of the parties (hereinafter “each of the instant sales contracts”) to purchase the instant real estate in KRW 1.9 billion, and each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On the same day, the registration of ownership transfer was completed with respect to each of the instant real estate in the name of the Defendants, and the said real estate auction application was withdrawn on October 10, 2013.
[Ground of recognition] The facts without dispute, Gap evidence 14, Eul evidence 14, Eul evidence 1, witness G's testimony, the whole pleadings.