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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
Basic Facts
A. The registration of initial ownership was completed on February 3, 2009 with respect to the F apartment and 136 Dong 1801 (hereinafter “instant real estate”), Songpa-gu Seoul, Songpa-gu, Seoul, and the registration of initial ownership was completed under G on February 3, 2009. On the same day, the Korea Scldrid Bank Co., Ltd. (hereinafter “Seoul Bank”) completed the registration of initial establishment of a mortgage amounting to KRW 660 million with respect to the instant real estate.
B. As of May 5, 2009 with respect to the instant real estate, the lease contract (hereinafter “instant lease contract”) was concluded on the following grounds: “The lessor’s agent, the lessee, the Plaintiff, the deposit amount, and the lease term from May 13, 2009 to May 13, 2011” (hereinafter “instant lease contract”).
On the other hand, on October 16, 2009, the Plaintiff obtained a fixed date in the above lease agreement and made a move-in report on the instant real estate on the same day.
The maximum debt amount of Defendant C75,000,000 won on October 31, 2011, 201, Defendant C75,000,000 won on September 22, 2011, Defendant D150,000 won on October 31, 2011, Defendant D150,000,000 won on June 29, 2011, Defendant D75,000,000 won on September 22, 2011, 2011, Defendant C75,000,000,000 won on September 31, 2011.
C. The Defendants: (a) lent money between June 10, 201 and October 31, 201 to G in order to secure the loan claim; and (b) completed the registration of establishment of each of the instant real estates as follows in order to secure the loan claim.
On September 21, 2012, upon the application of the Japan Bank, which is a mortgagee, the voluntary auction procedure was initiated regarding the instant real estate (Seoul Eastern District Court E), and the instant real estate was sold to J at the above auction procedure on January 2, 2014.
6,764,764,00 of Songpa-gu Seoul Special Metropolitan City 6,7601, Songpa-gu 64,763,397 applicant creditors (mortgaged mortgage) 643,873,397 (mortgaged mortgage) against Defendant B 128,630,630 collective security interests 128,630,630,000 Defendant C75,00,000 collective security interests 175,000,000 collective security interests 175,000,000 collective security interests 181,041,041,095.