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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The Plaintiffs lent 100 million won each to F around February 16, 2007.
B. As to F-owned G G land and above-ground buildings (hereinafter “instant real estate”), the Industrial Bank, the mortgagee of the right to collateral security, completed the registration of the transfer of ownership on July 2, 2007 and the registration of the transfer of ownership on September 19, 2007 by H, the F president of the right to collateral security, which caused 10 million won of the maximum debt amount and 12 million won of the maximum debt amount on July 31, 2007.
C. Defendant C (the director of I Co., Ltd and J Co., Ltd. substantially operated by F as the representative director) leased the second floor of the instant real estate with the lease deposit amounting to KRW 50 million, the lease deposit period from September 30, 2007 to October 1, 2009, and completed the move-in report on October 11, 2007 and the fixed date.
The Plaintiffs urged F to return the above loans to F around the end of November 2007. On March 5, 2008, the Plaintiffs completed the provisional attachment registration upon receiving a decision of provisional attachment with the claim amounting to KRW 200 million under the court 2008Kahap51 on the instant real estate.
E. Defendant C re-leased the second floor of the instant real estate with the lease deposit of KRW 40,00,000, and the lease term of KRW 24 months with F on October 1, 2009, and the fixed date was set on November 11, 2009.
F. On November 11, 2009, K, the wife of Defendant C and F, completed the registration of the establishment of a mortgage over the instant real property, which was the maximum debt amount of 494,000,000 won.
G. On February 17, 2011, the Plaintiffs filed a lawsuit against F against F in which the claim for loans was filed by this Court No. 2010Gahap766 on March 17, 201, and sentenced that “F shall pay to the Plaintiffs the amount of KRW 100 million per annum from December 31, 2007 to April 26, 2010, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment.” On February 14, 2012, F’s appeal and appeal against the said judgment were all dismissed, and the said judgment became final and conclusive on February 14, 2012.
H. Based on the above final judgment, the Plaintiffs are F-owned.