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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. On October 29, 2010, at the time when the Plaintiff was granted a loan of KRW 500 million from the Defendant on October 29, 2010, to the auditor and major shareholder of C Co., Ltd. (hereinafter “C”), the Plaintiff completed the registration of creation of a mortgage over the maximum debt amount of KRW 600 million (hereinafter “the first collateral mortgage”) with respect to the real estate indicated in the separate sheet No. 1 (hereinafter “real estate”) owned by the Defendant, as Seoul Central District Court No. 52314, Oct. 29, 2010.
B. On August 2, 2005, at the time when C was granted a loan of KRW 100 million from the Defendant on August 2, 2005, Plaintiff B registered the establishment of the mortgage over KRW 120,000 won with respect to the real estate indicated in the separate sheet No. 2 list No. 6914, which was owned by the Defendant (hereinafter “second real estate”), to the Defendant on August 2, 2005 (hereinafter “second real estate”). On January 24, 2006, the registration of the establishment of the mortgage over the maximum debt amount of KRW 120,00,000,000,000 to the Defendant on August 24, 2006, at the same registry office No. 5376, Jan. 25, 2006 with respect to the second real estate as to the maximum debt amount of KRW 100,000,000 (hereinafter “second real estate mortgage”).
C. On October 26, 2011, Plaintiff A repaid KRW 500 million to the Defendant regarding the first collateral mortgage.
With respect to the second collateral mortgage, Plaintiff B repaid KRW 170 million on October 26, 201 to the Defendant, and D, an employee of C, repaid KRW 30 million on October 27, 2011.
[Ground of Recognition] A without dispute, Gap evidence 1 through 3, Gap evidence 4-1, 2, 3, Eul evidence 9, Eul evidence 1 through 6, Eul evidence 8-1 through 3, Eul evidence 9, Eul evidence 10-1, 2, Eul evidence 11-8, Eul evidence 12-1 through 7, "the purport of the whole pleadings"
2. The Plaintiffs asserted that each of the instant collective security rights is a specific collateral security right that only the loans C received from the Defendant at the time of registration of creation. The Plaintiffs are all secured obligations on October 26, 201.