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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. The Plaintiffs, E, F, and G, including the process of concluding the instant mortgage contract, are co-owners who completed the registration of ownership transfer with respect to each of the 1/5 shares of 2,070 square meters of land (which was divided into each land listed in the separate sheet after the subdivision; hereinafter “instant land”).
On July 20, 2007, Plaintiffs, E, F, and G entered into a mortgage agreement with the Chuncheon Agricultural Cooperatives (hereinafter “Seoul Agricultural Cooperatives”), the maximum debt amount of KRW 4550 million with respect to the instant land, and the debtor E (hereinafter “mortgage agreement”) and completed the registration of creation of mortgage (hereinafter “mortgage”) with respect to the instant land in the first instance.
Plaintiff
B On July 25, 2007, with E, visit the branch of the Hansan Agricultural Co., Ltd. to enter into a loan transaction agreement (hereinafter “the instant loan transaction agreement”) with E on July 25, 2007, stipulating that KRW 350,000,000,000 from Won Nonghyup shall be the date of loan commencement and July 25, 2007, as of July 25, 2010.
On the same day, the plaintiffs and F have jointly and severally guaranteed the obligations of loans of KRW 350 million to the agricultural cooperatives of E for raw art.
At the time of concluding the instant mortgage contract, the instant loan transaction agreement, and the joint and several guarantee contract, the Plaintiffs and F did not notify the employees in charge of the original agricultural cooperative of the fact that E is the state of mental retardation.
Plaintiff
On July 25, 2007, Plaintiff B, who operated the company together with E, withdrawn and used 350 million won of the loan deposited in the deposit account in the name of E on July 25, 2007.
B. E, such as the alteration of a right to the land of this case following the instant auction procedure, did not repay the loan under the loan transaction agreement of this case.
In this regard, the Seoul Agricultural Cooperative applied for voluntary auction based on the right to collateral security in this Court on August 12, 2009 (I; hereinafter "the auction procedure of this case").