1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Defendants shared 1/4 shares, and 1/2 shares, respectively.

On May 2, 2017, the Plaintiff entered into a contract to establish a collateral security agreement with the Defendants, F, and F as “the maximum amount of the claims: 29 billion won, the creditor and the mortgagee: the Plaintiff, the debtor, and the mortgagee of the right to collateral security: F, and the mortgagee of the right to collateral security: the Defendants. On May 8, 2017, the Plaintiff completed the registration of the establishment of a collateral security agreement with regard to the land before the split-off.

(B) On August 16, 2017, the land before subdivision was divided into 4,585 square meters of land E-Gun, Chungcheongbuk-gun, and 4,200 square meters of land (hereinafter “instant real estate”) based on the partition of co-owned property on August 16, 2017, and the land before subdivision was divided into Cheongju District Court’s Audio District Court’s Audio registry office’s 12735 square meters of land and 4,200 square meters of land (hereinafter “instant real estate”). According to the division, F divided land and the Defendants owned each of the instant real estate.

The Plaintiff filed an application for a voluntary auction of real estate based on the instant right to collateral security with the claim amounting to KRW 95 million, and received a voluntary decision to commence the auction of the instant real estate from the court on January 31, 2018.

Afterward, among the amount of KRW 422,459,052 to be distributed actually on October 17, 2018, a court of execution prepared a distribution schedule to distribute the amount of KRW 95 million to the Plaintiff (the applicant creditor), Defendant B, KRW 12,093,93, and KRW 12,093,994 to Defendant C (each owner’s earned surplus).

(Cheongju District Court D, hereinafter “instant auction procedure”). On October 17, 2018, the Plaintiff appeared on the open date of distribution, and raised an objection to the Defendants in full, and filed the instant lawsuit on October 23, 2018.

【In the absence of any dispute, the Plaintiff’s summary of the Plaintiff’s assertion as to the grounds of claim as to the respective descriptions of Gap’s Nos. 1, 2, and 5 (including virtual numbers) and the entire pleadings, shall sell the land before subdivision to F and the Defendants.