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1. The defendant's KRW 50,000,00 for each of the plaintiffs, and 5% per annum from October 26, 2010 to November 6, 2017, respectively, shall be applicable to the plaintiffs.
Reasons
1. Following the facts of recognition shall be deemed to have no dispute or to have no dispute between the parties:
A. The Plaintiffs are 2/7 equity right holders of 3424m2, E, 2748m2, F, and 1248m2 (hereinafter “each of the instant lands”), each of which is a 3/7 equity right holders of each of the instant lands as a mother of the Plaintiffs.
B. On March 12, 2009, the Defendant made, without permission, the registration of the establishment of a neighboring mortgage with the maximum debt amount of 300 million won, G, and the mortgagee H, and on February 4, 2010, the registration of the establishment of a neighboring mortgage with the maximum debt amount of 78,00,000, G, the debtor, the debtor, the lower right holder G, the debtor G, and each establishment of a neighboring mortgage with the debtor G, respectively.
C. Since then, on March 25, 2010 upon the application of the mortgagee H, the decision to commence the sale of real estate was rendered by Goyang-gu District Court I with respect to each of the instant land on March 25, 2010, and the third party paid the successful bid price with respect to the said D and F land on October 25, 2010, the registration of transfer of ownership in J’s name was made on October 25, 201 with the registry office of the same branch on October 25, 2010, and the registration of transfer of ownership in K’s name was completed on October 5, 2010 with the receipt of the same registry office on October 5, 2010.
The market price of D or F land is 253,648,00 won at the time of winning the contract, and the market price of E land is 252,516,00 won at the time of winning the contract.
2. Determination
A. According to the facts of the above recognition as to the cause of the claim, the defendant provided the plaintiffs' share in each of the lands of this case as security without the plaintiffs' consent, and the plaintiffs lost their share ownership due to this.
Therefore, the defendant is liable for damages suffered by the plaintiffs due to the above illegal acts.
Furthermore, as to the amount of damages that the Defendant is liable, health expenses, and damages suffered by the Plaintiffs are equivalent to the market price at the time when the Plaintiffs lost their share ownership. Accordingly, the Defendant each of the Plaintiffs [=506,164,00 won (=253,648,00 won).