1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. E filed a lawsuit against D to claim the payment of the construction price, and “D shall pay to E 178,543,583 won and the interest thereon at the rate of 6% per annum from September 13, 2013 to July 22, 2016, and 15% per annum from the next day to the day of full payment,” and the above judgment became final and conclusive.

Seoul High Court Decision 2014Na60937, Seoul High Court 2016Na205118, July 22, 2016.

E filed an application for compulsory auction (Cheongju District Court AssistanceF, G) on the real estate owned by D and received a partial repayment of the above bonds on August 23, 2017 through the distribution procedure.

C. On August 24, 2017, E transferred the entire claim for judgment to the Plaintiff, and notified D of the fact of transfer in writing with a fixed date.

D On December 20, 2016, between Defendant B, who is a punishment father, entered into a mortgage agreement that causes 70,000,000 of the maximum debt amount (hereinafter “the first mortgage agreement”) with respect to the real estate stated in paragraph (1) of the attached Table attached to the ownership list as indicated in the attached Table No. 1, and the registration of the establishment of a mortgage (hereinafter “the first mortgage creation”) was completed on December 21, 2016 at the Cheongju District Court No. 58111, which was received on December 21, 2016.

E. On January 6, 2017, D entered into a collateral security contract which causes 120,000,000 square meters of maximum debt amount (hereinafter “second collateral security contract”) with the Defendants, who are the husband and wife, as indicated in Articles 2 through 4 of the attached Table No. 2 to the ownership of the said Defendants, with respect to the real estate, H 98 square meters and its ground, I,630 square meters of land as indicated in the attached Table No. 998 square meters, and I, with respect to the land of 3,630 square meters of land as indicated in the attached Table No. 1360, Feb. 11, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. As to the whole real estate owned by D, which was missing in excess of the Plaintiff’s claim, the Defendants and the Defendants Nos. 1, 2.