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1. The plaintiff A's lawsuit is dismissed.
2. The Defendant: (a) KRW 162,254,705 against Plaintiff B and its related thereto on January 1, 2014.
Reasons
1. Facts of recognition;
A. (1) Plaintiff A Co., Ltd. (former trade name: D.; hereinafter “Plaintiff Co., Ltd.”) is a company with the purpose of manufacturing lighting fixtures.
Plaintiff
B is the representative director of the Plaintiff Company.
(2) Plaintiff B owned the land F, G, H, I, and J in collaboration with E, his spouse.
B. (1) On April 20, 2005, Plaintiff B created a collateral on the said land and building (hereinafter “instant real estate”) with respect to the said land and building (hereinafter “the instant real estate”) upon obtaining a loan from the female agricultural cooperative on April 20, 2005.
(2) When the repayment of Plaintiff B’s loan was delayed, the Korean Agricultural Cooperative applied for a voluntary auction on the instant real estate to the branch court of Suwon District Court (K). On May 29, 2012, the said court rendered a voluntary decision to commence the auction.
C. On June 17, 2013, the Plaintiff Company reported the lien of KRW 515 million (hereinafter “instant lien”) to the auction court on the ground that “The Plaintiff entered into an increased or decreased construction contract for the building cost of KRW 515 million with respect to the building among the instant real estate, and did not receive the construction cost even after the construction was completed.”
(1) L submitted, on August 31, 2012, the right to claim the distribution of the lease deposit and the request for distribution of the instant real estate at an auction court, respectively, to the Plaintiff Company: (a) KRW 130 million on August 31, 2012; (b) KRW 15 million on August 31, 2012; (c) KRW 50 million on September 3, 2012; and (d) KRW 15 million on September 3, 2012.
(2) According to the detailed statement of the sold goods (Evidence No. 9) prepared at the instant auction procedure, the N (Lease Deposit KRW 80 million) andO, other than the above lessee, were also indicated as the lessee.
E. On August 23, 2013, the Plaintiffs drafted “a lien agreement and a letter of performance of the master plan (Evidence A8)” (Evidence A) with the Defendant seeking to sell the instant real estate as a broker of P (name Q).
1. The Plaintiffs from August 28, 2013.