1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Basic Facts

The Plaintiff completed the registration of the establishment of a neighboring mortgage (joint mortgage; hereinafter “instant collateral security”) of KRW 150,00,000 on July 13, 2012, with the maximum debt amount of KRW 150,00,00 on the H building 201, 301, 401, 501, 601, and 701 (hereinafter “each of the instant real property”) owned by G to secure the loan claims against Nonparty G.

On May 15, 2013, upon an application for voluntary auction filed by the Eunpyeong Japan Credit Union (hereinafter referred to as the “Inward Credit Union”), which is the right to collateral security of each real estate of the instant case, the procedure of voluntary auction was initiated with the Incheon District CourtF on each real estate of this case.

(hereinafter “instant auction”). With respect to each of the instant real estate during the instant auction procedure, Defendant B filed a report on the right and demand for distribution by asserting that Defendant C was either the lessee under subparagraph 201, Defendant C was 301, Defendant D was 401, and Defendant E was the lessee under subparagraph 601.

On September 24, 2014, this Court prepared a distribution schedule with the content that distributes KRW 22,00,000 (hereinafter “instant distribution schedule”) to the Defendants, who demanded a distribution as a small lessee on the date of distribution, in one order, respectively.

On September 29, 2014, the Plaintiff raised an objection against the entire amount of dividends to the Defendants on the date of distribution, and thereafter filed the instant lawsuit on September 29, 2014.

[Ground of recognition] The plaintiff asserts that the defendants are the most lessee for the following reasons. The plaintiff's assertion as to the absence of dispute, Gap's evidence Nos. 1 through 5 (including each number), the purport of the entire pleadings, and the claim for objection to a distribution (main claim).

At the time when the Defendants entered into a lease agreement, each real estate contracted by the Defendants was not completed and could not be occupied.

G was set up immediately before the lease, and was not used from 2 months after the date when the deposit was not set up by G, and G was immediately withdrawn the deposit received from the Defendants or to other persons.