근저당권말소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, and thus, citing this case pursuant to the main text of Article 420 of the Civil Procedure Act.
[Plaintiffs asserted that the secured claim of the second priority mortgage of this case does not exist in the trial. Considering the overall purport of the arguments in evidence Nos. 1 and 4 of this case, it is difficult to view that the Defendant paid 740,500,000 won to D as representative director from July 9, 2008 to July 29, 2010, and received 42,252,300 won from D from July 10, 2008 to February 27, 2009, it is difficult to view that there was no or no secured claim of the second priority mortgage of this case for securing the above secured claim of the second priority mortgage of this case. In particular, if the above amount was paid as the acquisition price of D and thus, it cannot be viewed that D had been paid as the acquisition price of the corporation of this case, but it did not appear that the Defendant had made a statement to the effect that D would not have paid the above amount by the Defendant's testimony to the effect that D had been made as security.
3) In light of the legal principles as seen earlier, it is reasonable to view that the act of establishing a right to collateral security is valid unless there are special circumstances, such as that the act constitutes abuse of power of representation and invalidation, and the Defendant’s acquisition of D itself
2. The decision of the court of first instance is just, and the plaintiffs' appeal is without merit.