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1. The plaintiffs' respective claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 20, 2014, the Defendant received dividends of KRW 986,730,780 as the applicant creditor-mortgage and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage 501 (hereinafter “instant real estate”) on one parcel of land owned by the Defendant as the Defendant’s debtor, on March 20, 2014.
B. In the instant auction procedure, the Plaintiffs filed an application for business registration of the instant real estate as the owner’s lessee, and filed a report on rights and a demand for distribution on the ground that they had preferential rights under the Commercial Building Lease Protection Act, as the commercial lessee who obtained a fixed date from the head of Ansan Tax Office.
C. At the instant auction procedure, the final date for demand for distribution is March 8, 2010.
The Plaintiffs appeared on the date of distribution of the instant case and thereafter raised an objection against KRW 45,00,00 in total, each of KRW 7,500,000,000, among the amount distributed to the Defendant, Plaintiff B, G, F, D, E, and C, respectively, and Plaintiff A filed the instant lawsuit on March 25, 2014, one week thereafter.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 4 and 6 (including partial number), the purport of the whole pleadings
2. In order for a creditor to receive a distribution in the distribution procedure, he/she shall meet the requirements under the subparagraphs of Article 148 of the Civil Execution Act, such as making a demand for distribution by the completion date of a demand for distribution, and the creditor entitled to demand a distribution shall be the creditor having an executory exemplification, the creditor who made a provisional seizure after a decision to commence the auction was registered, the creditor who has the right to claim a preferential reimbursement under the Civil Act, the Commercial Act and the Commercial Act, and other Acts (Article 88 of the Civil Execution Act), and the lessee’s right to claim a preferential reimbursement recognized under the Commercial Building Lease Protection Act, constitutes a demand for distribution requiring a demand for distribution, and the lessee who has not made
In addition, the lessee of the commercial building.