1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

1. The reasons why the court should explain this part of the basic facts in this court are as follows: (a) the Plaintiff A’s “Plaintiff A” in the second 11th of the judgment of the court of first instance as “the network A”; and (b) the Plaintiff I and J jointly inherited the deceased’s property on November 13, 2014, and (c) the said Plaintiffs were as stated in the corresponding part of the judgment of the court of first instance, except for the addition of “A, the deceased on November 13, 2014, was jointly succeeded to the deceased’s property; and (b) the said Plaintiffs taken over the instant legal proceedings.” Thus, they are cited by the main sentence of Article 4

2. The plaintiffs' assertion

A. The deceased Gap and the plaintiff Eul believe that D will obtain a loan of each of the instant real estate as collateral and use it as development costs of the network Gap's land including each of the instant real estate, and they did not intend to create the instant right to collateral security and superficies to the defendant, and did not intend to create the right to collateral security with the debtor C.

Therefore, the registration of the establishment of a mortgage and the registration of the creation of superficies in the instant case is null and void because it was completed against the will of the network A and Plaintiff B.

B. The same does not apply even if they were.

Even if the deceased Gap and the plaintiff Eul were to have established the right to collateral security and superficies of this case by deception of D, and the defendant knew or could have known that the deceased Gap and the plaintiff Eul knew that they had expressed their intent to create the right to collateral security and superficies by deception of D, and therefore the plaintiffs knew or could have known that they had expressed their intention to create the right to collateral security and superficies, pursuant to Article 110(2) of the Civil Act, the plaintiff's declaration of intention to establish the right to collateral security and superficies by deceit is revoked by delivery of a preparatory document dated September

C. Therefore, Plaintiff I and J are the owners of the real estate listed in Section 1 of the Attached List, and Plaintiff B, as the owners of each real estate listed in Section 2 through 4 of the Attached List, sought cancellation of the registration of the establishment of a mortgage and of the creation of superficies on each of the above real estate on the ground that the mortgage and superficies on each of the above real estate were null and void, or have been revoked by deception.

3. Determination A.