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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 13, 201, the Plaintiff extended a total of KRW 769,80,000 to Nonparty I, and completed the registration of the establishment of a mortgage covering KRW 165,480,00 with respect to each of the real estate listed in the separate sheet owned by Nonparty I as of the same day (hereinafter “each of the instant real estate”) as of the debtor I, the mortgagee of a mortgage, and the maximum debt amount: KRW 165,480,00; KRW 2 real estate of this case; KRW 146,40,000; KRW 3,400; and KRW 165,360,000, respectively.
B. Since May 20, 2013, the ownership of each of the instant real estate was transferred under the name of H on May 20, 2013, and the decision to commence auction was rendered on February 21, 2014 upon the application of J’s voluntary auction, which is a creditor of H and a mortgagee, and upon the application of the Plaintiff’s voluntary auction, the said court F on February 24, 2014 was rendered. Thereafter, the creditor made a decision to commence auction overlapping the said court F on February 24, 2014, and thereafter the creditor made a decision to commence auction again on March 10, 2014 upon the application
C. Defendant A entered into a lease agreement as of August 23, 2013, which was determined from September 10, 2013 to September 10, 2015, with respect to the instant real estate No. 1, the lease deposit amount of KRW 10,000, monthly rent of KRW 400,000 (the rent of KRW 200,00 from September 2014), and the lease agreement as of September 10, 2013 to September 10, 2015, and obtained a fixed date after completing a move-in report as of September 10, 2013, and applied for a report on rights and a demand for distribution to the said auction court.
Defendant B entered into a lease agreement with October 25, 2013, which was determined from October 24, 2015 to October 24, 2015, with respect to the instant 2 real estate, as the lease deposit amount of KRW 20,000,000, monthly rent of KRW 300,000, and the lease agreement was concluded between October 25, 2013 and October 24, 2015, and was granted a fixed date after completing the move-in report on October 25, 2013, and applied for a report on rights and a demand for distribution to the said auction court.
E. Defendant C entered into a lease agreement with August 30, 2013, which was stipulated from September 5, 2013 to September 5, 2015 as the lease deposit amount of KRW 35,00,000 for the instant third real estate, and the term of lease from September 5, 2013 to September 5, 2015, and concluded a lease agreement with regard to the instant third real estate.