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1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The status I Co., Ltd. (hereinafter “I”) is the former owner of the building at issue, which completed the registration of ownership transfer with respect to the building Geumcheon-gu Seoul Metropolitan Government J (hereinafter “instant building”) on August 22, 2013, and K is the creditor who received the attachment and assignment order (U.S. District Court 2014TTTT19682) against KRW 752,090,275 among the entire bonds received by K, and the assignment order (Seoul District Court 2015TTTT20503, 105903, hereinafter “instant assignment order”) as of August 29, 2014 after obtaining the attachment and assignment order (hereinafter “the assignment order”).
Defendant C, on February 4, 2010, completed the registration of creation of a neighboring mortgage on the land Geumcheon-gu Seoul Metropolitan Government J (hereinafter “instant land”) with the content of KRW 4772.5 million with the maximum debt amount, L, the debtor and the mortgagee C. On March 18, 201, Defendant C is a creditor who completed the registration of establishment of a neighboring mortgage on the instant building with the joint collateral on March 18, 2011.
As to the instant land on January 4, 2010, Defendant B is a creditor who completed the registration of creation of a mortgage over KRW 400 million with the maximum debt amount, L, and Defendant B with respect to the instant land, and the registration of creation of a mortgage over the maximum debt amount of KRW 800 million with respect to the instant land and building on July 5, 2010.
On May 19, 2009, K, the owner of the instant land in the name of the Defendants, determined to sell the said land in KRW 3.6 billion to N, the actual representative of M&A around May 19, 2009. The down payment KRW 100 million is paid on the date of the contract, the intermediate payment of KRW 250 million on June 25, 2009, and the remainder KRW 1.5 billion is paid by N as the sale or the deposit for the building to be completed on the above land. The land was set up on the above land.