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1. The plaintiffs' claims against Defendant D are dismissed.
2. Defendant E Co., Ltd. is 55,00,000 won and 55,000 won for Plaintiff A.
Reasons
1. Facts of recognition;
A. Defendant E drafted, on September 19, 2016, a written statement of payment with the effect that the Plaintiff E would pay KRW 55 million to Plaintiff G by October 10, 2016, and that the Defendant E would pay KRW 55 million by October 2016, respectively.
B. Each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) was registered as ownership preservation in the future of Defendant E Co., Ltd. (hereinafter referred to as “Defendant E”), on September 5, 2016, the provisional registration of ownership transfer claim was made in Defendant C on October 19, 2016, and the provisional registration of ownership transfer was made in the future of Defendant C on October 25, 2017 on the grounds of sale and purchase as of the same day on October 19, 2016, and the registration of ownership transfer was made in the future of Defendant C on October 19, 2016 on the ground of contract to establish a contract on the same day as of October 19, 2016.
C. Since then, on September 12, 2017, each of the instant real estate was registered by transfer of ownership in the name of Company I due to sale and purchase, and I completed the registration of creation of a neighboring mortgage (the maximum amount of bonds: 1,680,000,000, debtor: 1,680,000) to J Union on September 15, 2017.
The instant collateral security was cancelled on September 15, 2017 due to termination.
E. On the other hand, around October 2016, Defendant E was insolvent due to excess of debt.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, and 11, the purport of the whole pleadings
2. The instant collateral mortgage was cancelled on September 15, 2017, as seen earlier, on the judgment on the claim against Defendant D, and thus, the object of the lawsuit sought by the Plaintiff was already extinguished.
Therefore, since there is no legal interest in seeking this by lawsuit, the plaintiffs' claim for this part is unlawful.
3. Determination as to the claim against Defendant E and F
A. According to the facts of recognition as seen earlier by Plaintiff G, Defendant E is 55 million won and this is applicable to Plaintiff G.