A. On September 22, 2013 and June 19, 2013, Plaintiff A and B entered into an automobile import agreement with E (mutual F, October 20, 2006) to deliver importers’ partners, and paid the price, but E did not deliver a motor vehicle.

Accordingly, in order to guarantee the performance of import contract or the right to claim damages, the plaintiff A received respectively a promissory note No. 30 million won as of March 10, 2014, and a promissory note No. 1 as of March 31, 2014 as of the due date, and the plaintiff B received a promissory note No. 30870, Feb. 5, 2014, and the due date March 31, 2014 as of March 31, 2014.

B. On March 19, 2014, Plaintiff C entered into an import agency contract with E to receive imported automobiles, and upon failure to complete the vehicle transfer registration within three months, Plaintiff C agreed that E will return the price.

In this regard, the plaintiff C paid 10 million won to E.

C. On July 20, 2006, E completed the provisional registration of the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) under Article 48629 of the Seoul Northern District Court’s receipt of the Dongdaemun District Court’s Branch Office of Dongdaemun-gu, Seoul (hereinafter “instant collateral”). On June 20, 2014, E completed the provisional registration of the right to claim ownership transfer registration under Article 42275 of the same registry office (hereinafter “instant provisional registration”).

E did not transfer or transfer a vehicle to the plaintiffs, and the plaintiffs sought payment of money based on the notarial deed of the above promissory note or notified the termination of the contract.

E. E does not have any property other than the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. Determination

A. The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future, and the right to collateral security is established separately from the act of establishing the right to collateral security.