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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant’s establishment of the right to collateral security 1) D Co., Ltd. (hereinafter “D”).
[Attachment 1] The land listed in Annex 1 List 1 (hereinafter referred to as “the land of this case”) is called the land of this case.
(3) A factory listed in [Attachment 1] Nos. 2 and 3 (hereinafter “instant factory”) on the ground.
(B) The Plaintiff owned the instant machines and instruments in the separate sheet No. 2 (hereinafter “instant machines and instruments”).
(3) As to the land, factory, machinery, apparatus, etc. of this case (hereinafter collectively referred to as “the auction object of this case”), the Defendant entered into a mortgage contract with D on February 19, 2003 with the maximum debt amount of KRW 3,00,000,000, and completed the registration of establishment of a mortgage on the same day. ② The Defendant entered into a mortgage contract with D on April 24, 2006 with the maximum debt amount of KRW 2,00,000,000, and completed the registration of establishment of a mortgage on the same day. ③ On December 21, 2010, the Defendant entered into a mortgage contract with the maximum debt amount of KRW 1,20,000,000, and completed the registration of establishment of a mortgage on the same day.
(1) 1.
(2) The collective security (hereinafter collectively referred to as the “each of the instant collective security”).
(B) B. On March 17, 2016, the Defendant filed an application for voluntary auction of the instant auction subject matter E with the Chuncheon District Court (hereinafter “auction Court”) based on each of the instant collective security rights on March 17, 2016, and the auction court rendered a decision to commence voluntary auction on the same day.
(2) As of June 7, 2016, the appraiser G of the LAF calculated the instant auction subject matter as KRW 7,503,560,500 (hereinafter “the instant auction procedure”) in the instant auction procedure (hereinafter “the first appraisal”).
(3) At the instant auction procedure, the appraiser G of the F Co., Ltd. calculated the instant auction subject matter as KRW 7,592,153,500 as of September 7, 2016.
(hereinafter referred to as "reappraisal"). (c)
The plaintiffs' acquisition of ownership of the object of auction of this case and payment of dividends to the defendant shall be notified from the court of auction on February 13, 2017.