1. The Defendant (Counterclaim Plaintiff) is the Suwon District Court with respect to the size of 2,422 square meters prior to D in Sungsung-si.

1. Facts of recognition;

A. On behalf of the Plaintiff on January 28, 2016, E entered into a contract with F to purchase KRW 2,422 square meters (hereinafter “instant land”) prior to D in Sungsung-si (hereinafter “instant contract”) owned by F in KRW 483,00,000 (hereinafter “instant contract”).

B. On February 29, 2016, the Plaintiff completed the registration of ownership transfer on the instant land due to the instant sale. At the time, KRW 425,00,000 out of the purchase price was paid, and the remainder KRW 58,00,000 was not paid.

C. On April 1, 2016, the Suwon District Court completed the registration of creation of a neighboring mortgage in the name of the debtor, the maximum debt amount of KRW 70,000,000 (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

Around July 6, 2016, F transferred the remainder claim against the Plaintiff and the instant collateral security to the Defendants. Around the 26th of the same month, F notified the Plaintiff of the said transfer, and the said notification reached the Plaintiff at that time.

E. On July 6, 2016, with respect to the instant right to collateral security, the supplementary registration of the transfer of collateral security was completed in the name of the Defendants.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the whole purport of pleading and counterclaim shall also be considered as the main lawsuit and counterclaim.

2. The parties' assertion

A. The Plaintiff’s claim on the instant lawsuit is null and void since it was concluded by E without authority. ② E is exempt from the Plaintiff’s remainder payment obligation with the F’s consent, and there is no remainder payment obligation to the Plaintiff F. Therefore, there is no collateral payment obligation for the Plaintiff’s remainder payment obligation. ③ F is paid in full amount of KRW 58,00,000, and the Defendant extinguished the instant collateral payment obligation with the payment of the remainder amount of KRW 58,000. Therefore, the Defendants are obligated to cancel the instant collateral payment obligation to the Plaintiff.

B. The Defendants asserted the counterclaim by the Defendants.