1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.

The Plaintiff filed a lawsuit of demurrer against the Defendants. On December 24, 2013, the first instance court rendered a favorable judgment of the Plaintiff, as stated in the Plaintiff’s claim, on the ground that “The Defendants, the mortgagee of the instant real estate, concluded a mortgage agreement with H Co., Ltd. (Representative K), which is the owner of the instant real estate subject to the auction (hereinafter “instant mortgage agreement”) constituted false conspiracy or concluded by K abusing its power of representation, and thus becomes null and void. Therefore, during the instant auction procedure, the Defendants who received dividends based on the instant mortgage cannot be deemed a lawful distribution right holder.”

(U.S. 201 Doz. 21627 decided Dec. 24, 2013).B.

In regard to this, the Defendants filed an appeal, as in the judgment of the court of first instance, while the appellate court rendered a judgment that “the Plaintiff shall not have the right to receive dividends from the Defendant C as “75,280,895 won,” and that “the amount of dividends from the Defendant D shall be corrected to “75,280,894 won,” and the Plaintiff’s amount of dividends from the Plaintiff to “28,105,856 won,” on the ground that “the Plaintiff has received a decision to commence the auction only on certain real estate in the instant auction procedure.”

Seoul High Court Decision 2014Na7140 decided September 5, 2014, hereinafter referred to as "Seoul High Court Decision on Review".

(C) The Plaintiff and Defendant C filed an appeal against the part against which they lost, but the appellate court rendered a judgment dismissing the appeal (Supreme Court Decision 2014Da68310 Decided December 24, 2014), which rendered a judgment on the legality of the lawsuit for retrial on December 24, 2014

A. In the judgment subject to a retrial by the Plaintiff, the Defendants were rendered a favorable judgment based on the instant collateral security, and K thereafter.