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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On August 17, 2009, Plaintiff Kmpo Credit Union (hereinafter “Plaintiff Union”) granted a loan of KRW 130,910,000 to D, and on August 17, 2009, the maximum debt amount with respect to the Empo-dong 1603 (hereinafter “instant real estate”) owned by D, Seo-gu, Incheon, Seo-gu, Incheon, 101, 1603 (hereinafter “instant real estate”) was completed in the future of the Plaintiff Union.
B. On August 8, 2013, the Defendant prepared a lease agreement (No. 3, hereinafter “instant lease agreement”) under which the Defendant leased the instant real estate from D in KRW 20,000,00,00, from D, and obtained a fixed date on August 30, 2013.
C. Meanwhile, on May 14, 2014, Plaintiff A filed a lawsuit against Plaintiff D seeking the payment of a loan with the Busan District Court Decision 2013Gau27297, which rendered a judgment that “D shall pay the Plaintiff KRW 3,000,000 and its delay damages.”
D The Plaintiff Association filed an application for the commencement of voluntary auction with respect to the instant real estate on or around 2013 and started the voluntary auction procedure for the instant real estate to the Incheon District Court C (hereinafter “instant auction procedure”).
E. On the premise that the Defendant is a small lessee on September 25, 2014, the auction court of the instant auction procedure drafted a distribution schedule with the content that: (a) the Defendant distributes KRW 14,00,000 to the Defendant, 152,578,363 on the date of distribution; and (b) the Defendant distributes KRW 108,970 to the Seo-gu Incheon, Incheon, a person entitled to issue the pertinent tax, and KRW 138,469,393 to the Plaintiff Union, a mortgagee.
F. On the above date of distribution, the Plaintiff Union as to KRW 11,00,000 out of the Defendant’s dividend amount, and the Plaintiff A as to the remaining KRW 3,000,000.