1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Seodaemun-gu Seoul Western apartment No. 403 of the fourth floor (hereinafter “the apartment of this case”) consists of four partitions, and was owned by E at the time.

B. On February 13, 2013, Defendant A entered into a lease contract with respect to one column on the right side of the entrance, among the instant apartment units, from March 5, 2013 to March 5, 2015, and paid E the same day deposit amount of KRW 3,000,000,000, and the remainder of KRW 22,00,000 on March 5, 2013. On April 1, 2013, Defendant A obtained the fixed date of the above lease contract and filed a move-in report with the instant apartment unit.

C. On March 6, 2013, Defendant B entered into a lease contract with respect to 1 column on the left side of the entrance, among the instant apartment units, from March 26, 2013 to March 25, 2015, with a deposit amount of 25,000,000 won, and from March 26, 2013 to March 25, 2015, Defendant B paid to E the same day deposit of 2,50,000 won and the remainder of 22,50,000,000 won. On March 27, 2013, Defendant B obtained a fixed date in the said lease contract on March 8, 2013, and filed a move-in report with the instant apartment unit on October 25, 2013.

On the other hand, on March 12, 2013, the Plaintiff completed the registration of creation of a mortgage over the maximum debt amount of KRW 319,800,000 with respect to the instant apartment and the maximum debt amount of KRW 106,60,000 with respect to the instant apartment on March 12, 2013.

E. On June 17, 2014, upon the Plaintiff’s application for voluntary auction, the procedure for the auction of real estate was initiated to this court C with respect to the instant apartment on June 17, 2014, and Defendant A paid KRW 25,000,000 to the (deward) room 2 partitions among the instant apartment on July 3, 2014, Defendant B filed a report on each right and demand for distribution, asserting that the said apartment was a lessee who paid KRW 25,00,000 to the left-hand column of the instant apartment on the same day.

F. This Court held that among the amount to be actually distributed on the date of distribution implemented on February 24, 2015, the Defendants, the lessee of small amount, among the amount of KRW 283,036,682, the first order is 25,000, respectively.