1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The plaintiffs' assertion

A. On May 4, 2017, the Plaintiffs and the Defendant lent KRW 100 million each to D, and the Plaintiffs, on May 4, 2017, made a registration of the establishment of a mortgage over KRW 150 million with respect to the E, F, and G land, the maximum debt amount of KRW 150 million with respect to each of the said land. Meanwhile, D completed construction of an aggregate building on each of the said land. Therefore, the Plaintiffs, the Defendant, and D agreed to set up a right to collateral security (hereinafter referred to as the “instant additional agreement”) in the first priority order with respect to the said additional building, if the said construction is completed and the preservation of ownership is completed.

B. On March 14, 2018, D obtained approval for the use of a building listed in the attached Table 2, which was newly constructed on the above land, and subsequently, D conspired with the Defendant on February 5, 2018, registered the establishment of a mortgage over the additional maximum debt amount of KRW 150 million as the Cheongju District Court No. 12473, Feb. 5, 2018, with respect to the above building, as the Cheongju District Court No. 12473, Feb. 5, 2018.

C. The Defendant is only the above.

It constitutes a fraudulent act that infringes on the plaintiffs' right to claim the establishment registration of a neighboring building on the above building, and thus, the defendant was against the plaintiffs.

The obligation to cancel the part other than H, I, and J, for which the ownership transfer registration has been already made to another person during the registration of the establishment of a neighboring mortgage as set forth in the paragraph.

2. On February 6, 2020, the court ordered the plaintiffs to correct the shortage of KRW 217,500 within seven days from the date of receiving the order. However, although the plaintiff A received each of the above orders on February 10, 2020 and the plaintiff B received each of the above orders on February 12, 2020, the lawsuit of this case is unlawful.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the instant lawsuit is unlawful in accordance with the conclusion.