1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. In around 2001, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 40 million to Defendant B, a mother father, as security. On December 23, 2003, the Plaintiff completed the registration of establishment of a neighboring maximum debt amount of KRW 40 million with respect to D Apartment and 909 (hereinafter “instant apartment”).

On April 3, 2015, with respect to the apartment of this case, Gwangju District Court E Real Estate compulsory auction was conducted on April 3, 2015, and Defendant C, a member of Defendant B, was awarded a successful bid on November 16, 2015.

On November 18, 2015, along with Defendant B’s spouse and the Plaintiff’s mother F, the Defendants sought the Plaintiff on November 18, 2015, and “A person who intends to obtain a successful bid in the name of Defendant C, and Defendant C may receive a successful bid. Defendant C may request that the certificate of the seal impression be removed. If so, the Plaintiff would immediately pay the registration of collateral security establishment.” The Plaintiff issued a certificate of the Plaintiff’s personal seal impression with Defendant C, etc. to trust the horses of the Defendants and obtain a certificate of the Plaintiff’s personal seal impression, and affixed the Plaintiff’s personal seal impression on the loan certificate prepared and made by Defendant B.

However, Defendant C did not use the certificate of personal seal impression received from the Plaintiff in the cancellation of the above establishment registration, and used the dividend distributed to the Plaintiff in the above compulsory auction procedure as a proxy of the Plaintiff.

As above, the Defendants had the obligation to pay the amount equivalent to the above dividends and damages for delay to the Plaintiff jointly and severally, since they received dividends that the Plaintiff should receive from the Plaintiff at will and used them.

B. Defendant B or F did not borrow money from the Plaintiff, and the registration of the establishment of a neighboring mortgage in the name of the Plaintiff on the apartment of this case was completed by the third party in preparation for provisional attachment by the third party.