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1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Presumed factual basis
A. On November 28, 2005, the Defendant was a regional housing association established for the purpose of constructing an apartment unit at D, Nam-si, Namyang-si. (2) A around November 28, 2005, the Defendant borrowed KRW 300 million from the Plaintiff, and KRW 200 million from the Plaintiff, respectively (hereinafter “each of the instant monetary loan agreements”), and created a joint mortgage (hereinafter “instant collective security loan agreement”) with respect to the real estate owned by the Defendant as security, with respect to the amount of KRW 141 square meters, KRW 310 square meters, KRW 128 square meters, and KRW 128 square meters, which was owned by the Defendant (hereinafter “each of the instant real estate”).
B. 1) The Plaintiff A filed an application for the voluntary auction of each of the instant real properties on the basis of the instant collateral security, and the subsequent auction procedure (J of the District Court H of the District Court; hereinafter “instant auction procedure”).
2) At the instant auction procedure, I paid the purchase price of KRW 901,119,99 as the highest bidder, and on July 25, 2007, I completed the ownership transfer registration for each of the instant real estate in the future.
3) On the date of distribution of the instant auction procedure held on August 20, 207, Plaintiff A received dividends in KRW 109,547,729, and Plaintiff B, respectively. (c) The Defendant filed a lawsuit against I for the cancellation of ownership transfer registration on November 13, 2008, asserting that “I, on the ground that the instant right to collateral security was established in violation of the union agreement, and is null and void, and that I cannot acquire ownership, as I purchased each of the instant real estate during the instant auction procedure, which was conducted on the basis of null and void right.”
2. On this ground, I asserts that “the Defendant would lose ownership of each of the instant real estate in the course of performing his duties by reason of a tort.”