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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 6, Eul evidence Nos. 1 and 2 (including branch numbers), respectively:
(1) On November 20, 2003, the plaintiff A and the non-party C and the Bupyeong-gu Incheon Bupyeong-gu 807 (hereinafter "the apartment of this case") are the apartment of this case.
(2) On July 16, 2011, Plaintiff B completed the move-in report on the instant apartment as of July 19, 2013, with the content that the lease deposit amount is KRW 50 million and the lease period is 24 months, and the fixed date on the said apartment as of July 1, 2014. (2) Plaintiff B completed the move-in report on the instant apartment as of February 19, 2013. (3) On December 30, 2010, with the content that the lease deposit amount is KRW 36 million for one room among the instant apartment units, and the lease period is 24 months, and the fixed date on the said apartment unit was obtained as of July 1, 2014.
B. 1) On April 25, 2014, upon the Defendant’s application, who is the mortgagee of the instant apartment, the commencement of auction and the distribution of dividends, etc., the voluntary decision on commencement of auction was rendered on April 25, 2014. The auction court prepared a distribution schedule that distributes KRW 223,895,175 out of the amount to be actually distributed on September 9, 2015 to the Defendant, who is the requesting creditor, and accordingly, received the said dividends. 2) The Plaintiffs, as the lessee of the instant apartment, received a demand for distribution in the said auction procedure, but were excluded from the distribution of dividends.
2. The assertion and judgment
A. The gist of the plaintiffs' assertion 1 is the legitimate small lessee of the apartment of this case, and the plaintiff A shall preserve the loan claim amounting to KRW 50 million against the plaintiff A, and the plaintiff B shall preserve the loan claim amounting to KRW 36 million against the plaintiff B.