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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. With respect to the real estate listed in the separate sheet (hereinafter “the apartment of this case”) owned by G, registration for the establishment of the lower right (hereinafter “the instant neighboring mortgage”) with the following content was completed:
The Plaintiffs from contract concluded on November 6, 2015, No. 223,530,000 GH association, which was concluded on November 6, 2015, No. 447,060,000, Nov. 6, 2015, no. 21852, Nov. 6, 2015, which was received as of November 6, 2015
B. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) filed an application for voluntary auction of the instant apartment to Suwon District Court E on the basis of the registration of the establishment of the said right to collateral security, and received a decision to commence the auction of real estate from the said court on October 15, 2019 (hereinafter “instant auction procedure”).
On December 6, 2019, I Co., Ltd. (hereinafter “I”) subrogatedly repaid KRW 384,781,550 of the loan principal of G H, which is the secured claim of the right to collateral security, to the H union of this case. ① The instant registration of collateral security was completed on December 6, 2019, with respect to the registration of collateral security (hereinafter “the right to collateral security”) prior to the completion of the registration of collateral security (the right to collateral security) on the ground of subrogation of the finalized claim, and subsequently, the J Co., Ltd and the Defendants registered the establishment of the right to collateral security as listed below.
The maximum amount of claims for the receipt of priority numbers (won) debtor 1-2, the creditor 1-2, 201, as of December 6, 2019, the contract concluded on December 3, 2019, No. 447,060,000 International JJ Co. 1-3, Dec. 9, 2019, No. 194107, Dec. 9, 2019, the contract signed on December 9, 2019, No. 60,000 Defendant C1-4, No. 194108, Dec. 9, 2019, No. 194108, Dec. 9, 2019;
D. On November 25, 2019, Part I agreed to apply the interest rate of 24% per annum to the aforesaid subrogated repayment amounting to KRW 384,781,550 on and after the date of the foregoing subrogation from G and the date of the subrogation (hereinafter “instant agreement”).
E. During the auction procedure of this case, I means that “the subrogated repayment amount is KRW 384,781,550” and “the auction procedure of this case.”