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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The plaintiff A is the owner of the first and second real estate, and the plaintiff B is the owner of the third real estate in the south of the plaintiff A.
B. On February 9, 2007, Plaintiff A sold 1/2 shares out of 290,000,000,000,000, owned by Plaintiff A’s wife E&D (hereinafter “E land”) to the Defendant around February 9, 2007, and completed the registration of ownership transfer with respect to 1/2 shares in the name of Nonparty F in the Defendant’s name on March 20, 207.
C. On February 16, 2007, Plaintiff A borrowed KRW 300 million from the Defendant (interest rate of 12% per annum, maturity of 12%, November 15, 2007), and provided the Defendant with joint collateral, and completed the registration of the establishment of the mortgage of this case, which was the Defendant for each of the above real estate, with the maximum debt amount of KRW 360 million, and the obligor A and the mortgagee, as the Defendant.
Plaintiff
A and D (hereinafter referred to as "Plaintiff A husband and wife") made a sales contract with the Defendant on July 30, 2007 with respect to shares of 1/2, which are the remainder of shares in the above E land, around July 30, 2007. Of these, shares of 104/298, among which shares are KRW 189,500,000,000 for the purchase price, the Defendant G, and the shares of 45/298,000 for the purchase price of KRW 95,50,000,000 for each share to the Defendant F (hereinafter referred to as "the second sale"), and the registration procedure for ownership transfer in the name of G and F was completed as stated in the sales contract on July 31, 2007.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. In borrowing KRW 300 million from the Defendant, Plaintiff A provided real estate owned by the Plaintiffs as joint collateral and completed the registration of the establishment of the mortgage of this case in the future of the Defendant. However, at the second sale, Plaintiff A and the Defendant agreed to substitute the loan amount of KRW 300 million borrowed by Plaintiff A with the purchase price to be paid by the Defendant.
Therefore, the secured debt of the registration of the establishment of the neighboring mortgage of this case.