1. The defendant on Nov. 1, 2003 filed with the plaintiffs with the Daejeon District Court on the land of 112,860 square meters of land C in Dong-gu, Dong-gu, Chungcheongnam-gu.

1. Basic facts

A. D. On October 31, 2003, which was a co-owner of the land of 112,860 square meters in the Dong-gu, Nam-gu, Seoul Special Metropolitan City (hereinafter “the instant real estate”); D. on October 31, 2003, the instant real estate concluded a mortgage agreement with the debtor F., and the debtor, the mortgagee, and the mortgagee as the defendant. On November 1, 2003, the court completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring real estate No. 1”) under the 116719 on November 1, 2003.

B. In addition, on October 31, 2003, D and E entered into a contract to establish superficies with the Defendant for the purpose of possession and scope of trees as to the instant real estate, as to the entire land, the duration of the land, 30 years from October 31, 2003, land rent, 30 years from October 31, 200, and superficies superficies contract with the Defendant free of charge, and the superficies holder entered into a contract to establish superficies with the Defendant. On November 1, 2003, the court completed the registration of creation of superficies (hereinafter “registration of creation of superficies”).

C. After that, on June 3, 2004, D and E completed the registration of ownership transfer on the instant real estate on the grounds of sale and purchase on August 8, 2003. G entered into a mortgage contract with the Defendant as to the instant real estate on May 31, 2004, including the maximum debt amount No. 2,970,000,000 won with respect to the instant real estate, and the debtor and mortgagee, and completed the registration of establishment of the instant superficies as to the registration of establishment of the instant superficies (hereinafter referred to as the “registration of establishment of the instant third class”) by the court No. 56536, Jun. 3, 2004, after completion of the registration of establishment of the instant superficies (hereinafter referred to as the “registration of establishment of the instant third class”) by the court No. 56536, Jun. 3, 2004.

The Defendant applied for a voluntary auction based on the right to collateral security No. 3, and started the voluntary auction procedure to H on November 19, 2009. The Plaintiffs awarded a bid of 1/2 of the instant real estate in the above auction procedure and completed the registration of transfer of ownership in the name of the Plaintiffs on September 14, 2010. On the same day, the Defendant sold the instant real estate by the voluntary auction on September 3, 201.