Text
The instant lawsuit is dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. On April 6, 2015, Plaintiff A entered into a lease agreement with Nonparty G on the lease deposit amounting to KRW 40,000,000, and from May 12, 2015 to May 12, 2017, with respect to Plaintiff A’s housing at Suwon-si, Suwon-si, Suwon-si (hereinafter “instant housing”). Plaintiff A entered into the said lease agreement between Plaintiff A and Nonparty G on May 14, 2015, with respect to the lease deposit amounting to KRW 40,00,000 and the lease terming to KRW 12,00,000, and completed the report on the change of body by Nonparty I on May 14, 201
Plaintiff
B With respect to the instant Housing J subparagraph (J) between G on July 28, 2015, the Plaintiff entered into a lease agreement with the terms of KRW 30,000,000, and the term of lease from August 23, 2015 to August 23, 2017, and completed the move-in report under the said J subparagraph on August 24, 2015, and received the date of confirmation on the same day.
After that, in consultation with G on January 20, 2017, Plaintiff B increased the deposit amount of the above lease agreement to KRW 40,000,000, and was granted again on March 26, 2019.
On December 14, 2018, the procedures for the voluntary auction of real estate (hereinafter “instant auction procedures”) began with the Suwon District Court F on the instant housing. On December 20, 2018, the court of execution determined and publicly announced the date of demand for distribution as February 28, 2019.
Plaintiff
B, after the completion date of the demand for distribution, on March 25, 2019, and on September 18, 2019, Plaintiff A reported the right to the deposit for each of the above lease and made a demand for distribution.
On February 20, 2020, the execution court, on the date of the dividend payment date, prepared a list of dividends distributed to the Defendants as follows (hereinafter “the list of dividends in this case”) of KRW 105,788,896 out of the amount to be actually distributed, 748,126,686, except for the Plaintiffs’ dividends.
The amount of dividends distributed to creditors (won) Defendant C1 as of August 21, 2008, Defendant C1’s 20,000,000 as of January 15, 2015, and the lessee 20,000,000 as of January 15, 2015, Defendant D1 as of August 21, 2008, and Defendant D 20,000,000 of the small amount deposit as of August 3, 2015 as of August 3, 2015, the lessee as of August 20, 200, Defendant E, as of August 21, 2008, was as of August 21, 2008, the small amount deposit 20,000,000, 000, as of April 7, 200 as of the date when it became conclusive, as of April 4, 2016, Defendant National Health Insurance Corporation;