1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. On January 30, 2004, the Defendant entered into a sales contract with F and G to purchase KRW 277,830,000 among the land and I land of Pyeongtaek-si H from F and G.

B. On March 18, 2004, Pyeongtaek-si H land was divided into D 1,039 square meters, and I land was divided into E 419 square meters, respectively (hereinafter the above land and E land were referred to as “each of the instant real estate”). The Defendant completed the registration of ownership transfer for each of the instant real estate on the same day for sale on January 30, 2004.

C. On April 10, 2004, the plaintiffs and the defendant purchased each of the real estate of this case with three investors (share ratio: each of the plaintiffs 1/4, 1/2), and distributed the amount excluding all the expenses at the time of sale and purchase (Evidence 5-1 of this case) in accordance with the equity ratio, and prepared a letter of undertaking to establish the right to collateral security (Evidence 5-1 of this case) in the plaintiffs' name. On the other hand, the plaintiffs and the defendant around February 1, 2008 in addition to the above contents, "the maximum amount of the claim shall be set at KRW 40 million, not the amount of investment, and the registration of establishment of the right to collateral security shall be revoked at the time of sale and purchase of each of the real estate of this case, and the nature of the collateral security is the source of securing the right, such as the person entitled to the registration at the time

The letter of agreement (Evidence A No. 5-2) specifying "A" has been re-established.

E. On August 7, 2006, with respect to each of the instant real property, the registration of creation of a superficies was completed on the same day, and on the same day, the registration of creation of a superficies by the J group of persons with superficies was completed. On February 4, 2008, the establishment of a mortgage over the debtor, the defendant, the mortgagee of the right to collateral security (each share 1/2), and the maximum debt amount of KRW 400 million was completed.

F. On January 15, 2019, the Defendant sent to the Plaintiffs a content-certified mail stating that the registration of establishment of a neighboring establishment under the above Plaintiffs was cancelled by January 31, 2019.

[Judgment of the court below]