1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Basic Facts

The Plaintiffs completed the registration of ownership transfer on November 29, 2012 as to shares of 1/2 of the real estate listed in the separate sheet (hereinafter “instant real estate”).

The Plaintiffs agreed to sell the instant real estate to F on September 3, 2013 at KRW 150,00,000,000 as the sales price, and that KRW 20,000 as the down payment KRW 21,00,000 was paid on the date of the contract and the intermediate payment KRW 21,00,000 was replaced by a succession to the obligation, and that the remainder KRW 50,000 was paid on October 5, 2013 and the remainder of KRW 50,000 was paid on October 30, 2013.

The Plaintiffs, upon receiving a request from F to offer the instant real estate as security for the payment of remainder from F, issued F a document establishing the right to collateral security on the instant real estate.

Defendant C loaned F KRW 70,000,000 to F, and completed the registration of creation of a mortgage on the instant real property by the Taean District Court of Daejeon District on September 4, 2013, under the Act No. 17198, which was received on September 4, 2013, the debtor F and the maximum debt amount of KRW 80,00,000, and Defendant C’s establishment of a mortgage on the instant real property. Defendant D lent F and the maximum debt amount of KRW 50,00,000 to F and completed the registration of creation of a mortgage on the instant real property by Defendant D, under the Act No. 17199, Sept. 4, 2013, which was received on September 4, 2013 by the said registry office.

(B) On January 15, 2015, F was indicted of a number of charges, including the charges of fraud, that “F, by deceiving the plaintiffs, received documents for establishing the right to collateral security on the instant real estate from the plaintiffs, and benefiting from the creation of the instant real estate in the name of the defendants with respect to the instant real estate.” The F was sentenced to imprisonment with labor for one year and six months on July 13, 2017 (Seoul District Court Decision 2015No123), and the F and the Prosecutor appealed on December 1, 2017 (Seoul District Court Decision 2017No2762), but the said judgment became final and conclusive on December 9, 2017.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, .