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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The plaintiff is the mortgagee of the auction goods in the Daegu District Court D's D's auction case of real estate (hereinafter referred to as the "auction case of this case"), and the defendants are the creditors demanding distribution.
B. In the distribution procedure of the instant auction case on March 22, 2019, the said court prepared a distribution schedule with the content that, as the top priority lessee, Defendant B and Defendant C distribute each of KRW 19,000,000 as the top priority lessee, and did not distribute to the Plaintiff at all, and the Plaintiff raised an objection to the dividend payment against the Defendants on the date of distribution.
C. However, the Defendants prepared a false lease contract as if they were paid the lease deposit, even though there is no time to enter into a lease contract with the owner of an auction object or there is no exchange of the lease deposit, and subsequently demanded a distribution in the auction case of this case.
Therefore, the distribution schedule prepared by the above court to distribute each of the defendants 19,000,000 won to the defendants is unfair. Therefore, the plaintiff is seeking a judgment as stated in the purport of the claim.
2. There is no evidence to support the fact that the Defendants made a false lease agreement as if they paid lease deposit even though they did not enter into a lease agreement with the owner of the auction property in the instant auction case or did not pay the lease deposit.
Rather, according to the statements in Eul evidence No. 1 and Eul evidence No. 2 (including each number), and the fact-finding inquiry reply of this case, defendant Eul entered into a lease agreement of KRW 30,000,00 for the lease deposit with the E and multi-household 1-1 floor as of May 5, 2014, and obtained the fixed date at the Fdong Administrative Welfare Center in the business-gu, Nam-gu, Daegu. The defendant C entered into a lease agreement of KRW 20,00,000 for all the auction goods of this case as of April 27, 2014, and obtained the fixed date at the Fdong Administrative Welfare Center in Jung-gu, Daegu-gu.