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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 Defendant is a company operating credit business, etc. with the head office in Daejeon-gu G, Daejeon-gu, and H served as the Defendant’s president from February 4, 2004 to May 2014.
B. On May 7, 2002, Plaintiff A completed the registration of ownership transfer on the ground of sale on May 3, 2002 with respect to the land of 651 square meters (hereinafter “instant land”). The Plaintiffs completed the registration of ownership transfer on May 3, 2002, with respect to each of the 1/4 shares of Daejeon Seosung-gu JT-gu Daejeon (hereinafter “instant land”). On July 31, 2001, the Plaintiffs completed the registration of ownership transfer on each of the instant land of 1/4 shares among the 1/571 square meters (hereinafter “instant land”) by agreement and division as of May 19, 193.
C. On July 15, 2011, Plaintiff A, Plaintiff C, and Plaintiff D concluded a mortgage agreement with the Defendant on each of the instant land and the instant land Nos. 1/4 shares owned by the said Plaintiffs. On the same day, the maximum debt amount was KRW 2,100,000,000, the debtor was 12 persons including K et al., and the mortgagee was able to complete the registration of creation of a neighboring mortgage (joint collateral list L) with the Defendant.
Plaintiff
B On November 5, 2012, the Defendant entered into a mortgage agreement (hereinafter referred to as “each of the instant mortgage agreements”) with regard to the share of 1/4 shares owned by the said Plaintiff out of the instant land No. 2, and concluded a mortgage agreement (hereinafter referred to as “each of the instant mortgage agreements”) on the same day. On the same day, the establishment registration of a mortgage (a joint security agreement was added to L; hereinafter referred to as “each of the instant mortgages”) was completed in the same manner.
The North Daejeon Agricultural Cooperative, a senior mortgagee of each of the instant lands, applied for a voluntary auction on each of the instant lands. On November 11, 2014, the Daejeon District Court F issued a decision to commence a voluntary auction on each of the instant lands.
The auction procedure according to the above decision is the case.