Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Basic Facts
On January 26, 2007, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by studio Development Co., Ltd., the registration of the establishment of the ownership transfer due to sale on September 10, 2002, the maximum debt amount of KRW 75,600,000, debtor D and Busan Bank, Inc., Busan Bank, Inc. (hereinafter “instant real estate”).
On January 30, 2012, the registration of ownership transfer on the instant real estate under the name of E on January 27, 2012, the registration of cancellation of the establishment of a neighboring mortgage on the grounds of sale, the maximum debt amount of KRW 108,00,000, the debtor, E-mortgage and the Fisheries Cooperatives Association established a new mortgage on the instant real estate, respectively.
With respect to the instant real estate on June 4, 2013, the registration of cancellation of the registration of the establishment of the neighboring agricultural cooperatives as stated in the foregoing sub-paragraph (b), and the registration of the ownership transfer as a result of sale on May 20, 2013 in the name of F, the registration of the establishment of the ownership transfer as stated in the F, the maximum debt amount of KRW 97,200,000, the debtor F
G entered into a contract on January 9, 2015 under the F’s name with the Defendant to lease the instant real estate (hereinafter “instant lease contract”) with the term of KRW 120,00,000 in the name of F, and the term of lease from January 9, 2015 to January 8, 2017. The Defendant repaid the amount of KRW 1,00,000 to the Nonghyup Bank account in the name of F (H; hereinafter “CF Account”) and deposited the remainder of KRW 10,00,000 in each of the instant lease contracts with each of the following methods: (a) the Defendant, as a proxy, wired the amount of KRW 120,000 in the name of F; (b) the amount of KRW 10,000 in the name of the Defendant; (c) the amount of KRW 19,594,410,706,000 in the name of each of the instant loan; and (d) the remainder of KRW 10,509,000.
The defendant has received the instant real estate on January 9, 2015 and completed a move-in report on the same day, and has resided in the instant real estate until now.
With respect to the instant real estate, on January 12, 2015, the registration date for cancellation of the registration of establishment of a neighboring mortgage as stated in the said paragraph (c) and on April 7, 2015.