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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The real estate listed in the attached list (hereinafter “the apartment of this case”) was jointly owned by the Plaintiffs’ husband and wife. On June 16, 2006, the Plaintiffs concluded a mortgage agreement with the highest claim amount of KRW 300 million, the debtor D, E, the Plaintiff, and the mortgagee F. F. F. F. F. F. F. F., on June 16, 2006, the Incheon District Court Decision 73579 (hereinafter “the instant mortgage registration”).
B. F, as a creditor, filed an application for voluntary auction to the instant apartment on November 5, 2015, and was voluntarily decided to commence the auction. During the voluntary auction procedure, Defendant C purchased the instant apartment and completed the registration of entire co-owners’ share transfer on June 2, 2016 under the receipt of No. 54832 of the same court. Defendant Industrial Bank of Korea completed the registration of the establishment of a new mortgage on June 2, 2016 by the same court.
C. On the other hand, around February 23, 2011, around D, D, H (Representative Director I), and F drafted a written confirmation that “D shall be exempted from the obligation of KRW 1 billion against D to F, H, and D and F shall consent thereto, and I shall be jointly and severally guaranteed by H.”
(A) No. 4. D.
In addition, on April 24, 2012, F, I, Plaintiff A, J, and E drafted a notarial deed with the following contents as the title of the Notarial Deed of Contract for Debt Repayment (Quasi-Loan for Consumption).
(A) No. 7, hereinafter referred to as the “notarial deed of this case”). Article 1 (Liability I), as of April 24, 2012, made an offer to the creditor F to repay the loan amount of KRW 1 billion to the creditor F as of April 24, 2012, and the creditor F accepted it in accordance with the following provisions:
Article 2 (Period of Payment) On December 31, 2013, Article 8 (Joint and Several Guarantee)(1) of the Joint and Several sureties (Plaintiff A and J) agreed to guarantee the debtor's obligation under this Agreement and to jointly and severally with the debtor.
Article 9 (Recognition and Recognition of Compulsory Execution)