1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The Plaintiff Company A (hereinafter “A”) is a creditor who has monetary claims against each D based on the final judgment (Seoul High Court 2013Na46241 and Supreme Court 2014Da41315 (Seoul High Court 2013Na46241 and Supreme Court 2014Da41315), and the Plaintiff E Co., Ltd. (hereinafter “E”) is subject to the final judgment (Seoul High Court 2012Ga525678 (Seoul High Court 2014Na2008583).

B. D, on March 9, 2012, owned 1/5 shares of the instant 1/5 and 1/2 shares of the instant 2/3 real estate, D borrowed 150 million won from the Defendant on March 9, 2012 with interest rate of 1/100 per month and due date of payment March 9, 2017.

D In order to secure the above loan debt, D entered into a mortgage agreement with the defendant as to the maximum debt amount of KRW 200 million and the debtor as D on the same day, and on the ground of this, the registration of establishment of a mortgage was completed for his share among the real estate No. 1 of this case, and thereafter, on March 23, 2012, entered into an additional mortgage agreement and completed the registration of establishment of a mortgage to add his share as a joint security among the real estate No. 2 and 3 of this case.

(hereinafter referred to as "the establishment registration of a neighboring mortgage of this case" is referred to as "the establishment registration of a neighboring mortgage of this case"). [Grounds for recognition] The facts of no dispute, Gap evidence 1 through 3 (including each number), Eul evidence 1 and 2, and the purport of the whole pleadings.

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion made a loan of KRW 150 million from F to D, and the defendant's loan to F was already repaid, the defendant did not initiate compulsory execution procedures based on the right to collateral security prior to the filing of the lawsuit in this case, and the defendant's attitude towards the plaintiffs, etc., the defendant was already paid KRW 150 million from D.

As above, this case.