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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiff: (a) was the owner of 308 square meters of D forest land (hereinafter “instant land”); (b) E forest land 246 square meters (hereinafter “instant land”; (c) each of the instant land was changed to the site on May 23, 201; and (d) F large scale 91 square meters (hereinafter “instant F land”); and (c) the Plaintiff was the owner of 52 square meters of G forest land (hereinafter “instant G land”); and (d) the Plaintiffs were the co-owners of H forest land and 525 square meters of forest land (hereinafter “instant land”); and (e) the Plaintiffs were the co-owners of each of the instant land, including the instant land, of H forest and 525 square meters (hereinafter “instant land”); and (e) the Plaintiffs were the co-owners of each of the instant land.
(Plaintiff A1,217/3,670 shares, Plaintiff B 1,223/3,670 shares). (B)
Around April 1, 2008, the Plaintiffs: (a) sold each of the instant lands from I and J, two houses owned by electric power; (b) first, leased each of the instant lands as collateral and appropriated for partial purchase price and construction cost; (c) concluded a sales contract with J on April 1, 2008 with regard to each of the instant lands with I for the total purchase price of KRW 249 million; and (d) concluded a construction contract with I for the new construction of the instant land of this case (hereinafter “instant construction”) with regard to the construction cost of the instant land of this case (hereinafter “the instant construction”) from October 15, 2008 to December 30, 2009, with regard to the construction cost of KRW 50 million (excluding value-added tax and construction cost after sale); and (d) the construction period from October 15, 2008 to December 30, 2009.
C. Since September 2, 2008 with respect to the Plaintiff’s portion among the entire G land of this case and the H land of this case, the right to collateral security was established with respect to the Plaintiff’s share of KRW 210 million on September 2, 2008. Of the entire land of this case and the entire land of this case, the right to collateral security was established on September 25, 2008 with respect to the Plaintiff’s share of KRW 1, the mortgagee, the remaining agricultural cooperatives of the mortgagee, the maximum debt amount of KRW 98 million on September 25, 2008, and the Plaintiffs’ share of the instant G, D, and E and the H land of this case.