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1. All of the plaintiffs' lawsuits against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 31, 1997, the registration of creation of a mortgage (hereinafter “mortgage”) consisting of the debtor I, the Defendants of the right to collateral security, the maximum debt amount of KRW 90 million, was completed with respect to the Gyeonggi-gu G and H land (hereinafter “instant land”). At the request of the Defendants on January 26, 2010, the registration of ownership transfer was completed under the name of J, an I’s son on April 8, 1998, under the name of the Defendants.
B. The Defendants filed an application for voluntary auction of the instant land on February 8, 2010, and the registration of the decision on voluntary auction was completed on February 8, 2010.
C. On April 22, 2010, the Defendants received KRW 110 million from J, and issued to J a receipt stating that “the aforementioned KRW 110 million shall be received as the collateral obligation of the instant right to collateral security (hereinafter “instant receipt”) and the document cancelling the said right to collateral security was revoked on April 28, 2010 by withdrawing the said voluntary auction application.
A on April 19, 2010, J rendered a purchase of the instant land and the instant K land (hereinafter “each of the instant land”) at KRW 150 million on the condition that J would cancel the instant mortgage, and paid KRW 150 million to J on the same day, and completed the registration of ownership transfer on each of the instant land on June 11, 2010.
(E) However, on February 14, 2017, A sells each of the instant land at KRW 220 million to L, and completed the registration of transfer of ownership on May 30, 2017 (Provided, That the grounds for registration are “sale on February 28, 2017.” As to the instant land, the Defendants delegated all authority by the Defendants, such as repayment and cancellation of secured debt, preparation of a written agreement with the mortgagee, and receipt of agreed money.