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. On August 22, 2012, the Plaintiff created a right to collateral security (hereinafter “instant real estate”) with respect to the E, F, and F-ground buildings owned by D on August 22, 2012 (hereinafter “instant real estate”), the maximum debt amount of which is KRW 494,00,000,000, in order to secure the loan, while performing the loan to D.

B. On July 30, 2014, the public auction procedure under the Public Notice of Korea Asset Management Corporation was conducted with respect to each of the above real estate. The Defendants submitted a request for report on claims and a request for distribution to the effect that they concluded a lease contract with the amount of KRW 5,00,000 on one column among the above real estate, which is set forth as KRW 300,000,000.

C. The Korea Asset Management Corporation preferentially allocated 5,000,000 won to the Defendants, excluding expenses for disposition on default in the above public sale procedure, and the Defendant was allocated 36,508,500 won to the Defendants.

[Ground of recognition] Evidence Nos. 1 through 3, 5, each entry of evidence No. 5, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendants are the most lessee who concluded a false lease agreement and reported the claim, and thus, it is unreasonable to preferentially distribute the security deposit under the premise that the Defendants are small lessee as prescribed by the Housing Lease Protection Act in the aforementioned distribution procedure. Therefore, the Defendants asserted that they should transfer their rights to the amount to be allocated to the Plaintiff and notify the purport

3. Where a contract for judgment is deemed null and void because it constitutes a false declaration of agreement, the party who claims it shall be responsible to prove such fact.

In the instant case, comprehensively taking account of the overall purport of the arguments in evidence Nos. 2 and 3, Defendant B entered into a lease agreement of KRW 5,00,000, and KRW 300,000 with respect to one column among the instant real estate between Defendant B and D on October 10, 2012. Defendant A also entered into a lease agreement of KRW 5,00,000 with respect to one column among the instant real estate as well as KRW 30,000 with D on August 10, 2012.