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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. Basic facts
A. On November 24, 2009, the Plaintiff acquired ownership of 9/10 shares of the vessel listed in the attached list (hereinafter “instant vessel”) (hereinafter “Plaintiff’s share of the instant vessel”).
B. As to the instant vessel, the establishment registration of a mortgage was completed on January 12, 2010 with respect to the instant vessel, with the maximum debt amount of KRW 611,00,000,000, and with respect to the Plaintiff’s share of the instant vessel as the debtor, the mortgagee, the mortgagee, the mortgagee, and the Defendant F, the maximum debt amount of KRW 429,00,000 on January 29, 2010, and with respect to the Plaintiff’s share of the instant vessel, the establishment registration of a mortgage was completed on July 13, 2012 with respect to each of the maximum debt amounts of KRW 45,00,000 on September 25, 2012, the debtor, the mortgagee, the mortgagee, and the Defendant C, respectively.
(2) Defendant F’s establishment registration of the above right to collateral security and its registration is “Defendant F’s instant right to collateral security”, “Defendant F’s establishment of the instant right to collateral security and its registration.” Defendant G’s aforementioned right to collateral security and its registration is “Defendant G’s instant right to collateral security” and “registration of the instant right to collateral security and its registration,” and Defendant C’s above right to collateral security and its registration is “Defendant C’s instant right to collateral security and its registration” and “Defendant C’s right to collateral security”).
Meanwhile, Defendant F’s instant right to collateral security was transferred in sequence to Defendant D on February 18, 2010, and December 9, 2010. Defendant D’s right to collateral security was partially transferred to Defendant F on June 1, 2011 (transfer value of KRW 156,00,000), Defendant C on March 28, 2012 (transfer value of KRW 40,000,000), Defendant B (transfer value of KRW 60,000,000), Defendant E on April 10, 2012 (transfer amount of KRW 60,000,000), and Defendant F on April 10, 2012 (transfer amount of KRW 60,000,000), and Defendant F on December 27, 2013 (transfer amount of KRW 400,000,000).
After that, the voluntary auction procedure was conducted with respect to the instant vessel. On May 2, 2014, this Court distributes to Defendant B KRW 21,436,354, KRW 14,290,903, KRW 25,723,625 to Defendant C, KRW 21,436,354 to Defendant E, KRW 21,434, KRW 521 to Defendant F, and KRW 55,734, KRW 521 to Defendant F, and KRW 648,175 to Defendant C, respectively.