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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On September 6, 2018, the Plaintiffs were sentenced to a judgment against E and D that “E and D shall jointly and severally pay to the Plaintiffs KRW 197,547,840, and the agreed interest thereon or delay damages,” and the judgment became final and conclusive around that time.
B. On April 29, 2003, E was divided into KRW 1,646,00,000 per annum (hereinafter “Before subdivision”) and KRW 1339.9,000 per annum on June 1, 2016.
95/417 shares are completed for the registration of ownership transfer, and D has completed the registration of ownership transfer for shares of 981/417 shares of land before the same date.
C. D on September 15, 2004, set up a collateral (Order No. 1) with respect to his share of the land before subdivision to the Defendant with respect to his share of KRW 120 million, out of the land before subdivision.
(hereinafter “The instant right to collateral security”). E, on the same day, set up a collateral (line No. 2) with respect to one’s share of the land before the split-off to the Defendant with respect to his share of KRW 120 million.
The registration of the establishment of a neighboring mortgage was cancelled on April 5, 2006 on the ground of “the termination of April 3, 2006.”
Attached Form
2 The real estate listed in the list 2, 3, and 4 (hereinafter referred to as "G-owned real estate") was transferred by the Defendant, H, and I for each 1/3 shares in the future on December 7, 1995 due to the "Succession by Agreement and Division" on December 7, 1995.
I completed the registration of ownership transfer for G real estate 2/9 shares on February 20, 2003 to E.
E completed the registration of transfer of ownership to the defendant on January 18, 2005 on the ground of the "contract for sale", and the defendant completed the registration of transfer of ownership based on the provisional registration on March 19, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The gist of the Defendant’s assertion has already been registered on the real estate owned by E, D and their children in order to secure their claims.