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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 full view of the purport of the entire pleadings in Gap evidence Nos. 3, 4, 8, and 9:
1) On January 22, 2015, Plaintiff A and Nonparty C, the 7th floor No. 701 (hereinafter referred to as the “instant building”).
(2) On January 23, 2015, Plaintiff B completed the move-in report on the instant apartment as of January 23, 2015, with the contents of the lease deposit 25 million won, monthly rent 200,000 won, and the lease period as 24 months. On the same day, Plaintiff B completed the move-in report on the instant apartment as of January 23, 2015. (2) On March 24, 2015, Plaintiff B completed the lease contract with the contents of the lease deposit 13 million won, and the lease period as of March 24, 2015. The fixed date on the instant contract as of March 24, 2015 was obtained, and the move-in report was completed on February 27, 2015, which was before the said lease was concluded.
B. 1) On April 1, 2015, 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 1, 2015. The auction court prepared a distribution schedule stating that KRW 595,720 out of the amount to be actually distributed on September 9, 2015, was distributed to the Incheon Southern-gu Office, Incheon, and that the remainder was distributed to the Defendant, and accordingly, the Defendant received the said dividends. 2) On April 2015, the Plaintiffs, as the lessee of the instant apartment, received a demand for distribution in the said auction procedure, but was 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 established a collateral security right on the building of this case in order to secure the loan claim of KRW 20 million against F, the husband of the case, and entered into a lease contract with C while entering into a lease contract with C, the amount of KRW 25 million out of the deposit.