1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. On July 20, 2016, Plaintiff B, the actual representative of Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) entered into a sales contract for selling KRW 4.7 billion to Nonparty G Co., Ltd. (hereinafter “G”) the sales price of KRW 4.7 billion (hereinafter “instant sales contract”). Of the sales price, Plaintiff B, the actual representative of Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) entered into a sales contract for selling KRW 1,024 square meters (hereinafter “instant real property”). On the date of the contract, the remainder of KRW 3.7 billion and the intermediate payment would be paid by giving a substitute loan for financial rights. Meanwhile, Plaintiff B, who received KRW 1 billion from G, was appropriated for the relevant expenses for withdrawal of auction in progress, such as repayment of the obligation to guarantee the instant real property.

B. The Defendant, at the request of G, suspended the progress of the auction of the instant real estate with the Defendant’s funds, thereby performing obligations under the instant sales contract instead of G. On July 20, 2016, the Defendant: (a) performed part of the secured obligation of the instant real estate established in the presence of Plaintiff B with G in the presence of Plaintiff B; (b) borne by the Defendant for the cancellation of the right to collateral security, termination of seizure, and withdrawal of auction; and (c) in return, paid the agreed amount of KRW 1.3 billion within one month from G; and (d) “Agreement on July 20, 2016.”

and the above agreement was certified from H to H in 2016 as the law firm No. 1171.

C. On July 20, 2016 and July 21, 2016, the Defendant fulfilled all the obligations under the agreement on July 20, 2016, including cancellation of the right to collateral security, cancellation of attachment, and withdrawal of auction, etc. of the instant real estate. In order to secure the payment of the agreed amount of KRW 1.3 billion, the Defendant completed the registration of creation of a mortgage over the instant real estate at KRW 1.5 billion with respect to the maximum amount of claims regarding the instant real estate, on the other hand, was provided as collateral for the Plaintiff’s land and land, and J land at the time of Busan-si owned by the Plaintiff.

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