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1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by Boan Construction Co., Ltd. (hereinafter “Dang Construction”). The Plaintiff completed the registration of creation of a neighboring mortgage amounting to KRW 400 million with respect to the entire real estate in the separate sheet Nos. 1, 4, and 19, as well as the partial share of each real estate in the separate sheet No. 2, and No. 2, and 3, as indicated in the separate sheet, on May 7, 2012.
(hereinafter “instant collateral security”). B.
1) On May 7, 2012, with respect to the same real estate as the subject matter of the instant right to collateral security, the establishment registration of the collateral security was completed on May 7, 2012, the maximum debt amount of KRW 200 million, the obligor Boan Construction, and the mortgagee F. (2) G transferred the F’s above collateral security in the name of F on May 16, 2012, and additionally registered the transfer of the said collateral security.
C.1) On May 2014, G filed an application for a voluntary auction of real estate regarding the entire secured object of the right to collateral security with Suwon District Court H, the said court rendered a voluntary decision on May 7, 2014, and on May 8, 2014, the entry of the decision on commencement of auction was registered on the entire secured object of the right to collateral security. 2) The aforementioned voluntary auction procedure, and ① Defendant B asserted that the construction was in possession of the claim for 206,494,443 won for the construction on July 14, 2014, and ② Defendant C asserted that on October 21, 2014, Defendant D had a claim for the amount of 203,50,000 won for the construction, and Defendant D claimed that it had a claim for the amount of 100,000 won for each of 20,000 won for the construction work.
3. On the other hand, around August 2014, the creditor I applied for a compulsory auction to the Suwon District Court for each of the instant real estate by Suwon Construction's J of the Housing Site Costs, and the said court on August 5, 2014.