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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. Basic facts
A. N borrowed KRW 50 million from O on November 10, 2009, and KRW 1 billion from P. At the time, Plaintiff B and N stand a joint and several surety for N’s O and P’s debt. Plaintiff B and N stand a joint and several surety for P’s debt on November 10, 2009. Plaintiff B and P are the Plaintiff B and N’s share in real estate No. 1 listed below (hereinafter “real estate No. 1”).
As indicated below, the right to collateral security was established with respect to the real estate owner’s right as set forth below. The debtor holding the right to collateral security, who established the right to collateral security, set up the right to collateral security against Q 3/9 Seoul, the maximum debt amount of Q 3/9, the R land, and the land N3/9 T 2/9, and the land B 2/9 N 3/9, respectively, 750 million won, respectively, and the debtor holding the right to collateral security against the real estate owner’s right to collateral security at Seongbuk-gu, Seoul, W, X land and the land N3/9 T 2/9 T 2/9 T 2/9, and 300,000 won, respectively, and the Plaintiffs and N2/9 against the real estate owner’s right to collateral security at KRW 300,000,000,000,000 won and KRW 32/9,000,000,000,000.
B. On November 23, 2012, P transferred the right to collateral security against the Defendants to Defendant C, and P transferred the right to collateral security and the right to collateral security against the Plaintiffs on November 23, 2012 to Defendant D as well as the right to collateral security against the Plaintiffs, and notified the Plaintiffs of the transfer of the right to collateral security.
C. On April 23, 2012, P received dividends of KRW 90,511,541, respectively, as the mortgagee of the right to collateral security of the Plaintiff B and N shares among the above real estate, in the case of a voluntary auction of real estate in the Seoul Northern District Court AB real estate site and the building on land located in the Seoul Northern District Court, Gangnam-gu Seoul Northern District Court AB, Seoul. 201. 2) The Defendants were to the Seoul Central District Court AC on April 29, 2014.