1. All of the plaintiffs' claims are dismissed.

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

Basic Facts

After the extension and extension of a building, the plaintiffs and G (the birth of the plaintiff A) filed a report on the extension of the building on the 10th underground floor and the 6th ground-based building (the total floor area of the building is 2,092.81m2) located on the land outside Seongbuk-gu Seoul Metropolitan Government and on the 10th ground, around November 11, 1993 with respect to the existing underground floor and the 6th ground-based building (the total floor area of the building is 2,092.81m2), including the above building site, with the head of Seongbuk-gu office around April 1994, the extension work was completed and the certificate of completion of the extension report was issued on March 11, 198

The area of the building increased due to the extension is 2,102.34 square meters (636 square meters).

(hereinafter referred to as "the extension of this case" part of the building extended due to the extension, and the plaintiffs and Gap's shares in ownership are referred to as "the shares in the extension of this case"). At present, the extension of this case did not prepare a building management ledger due to the violation of the Building Act, such as the violation of construction lines, infringement of sunshine rights, etc. arising in the course of the extension of this case.

이 사건 증축물 지분에 관한 계약 원고 A과 G(이하 원고 A과 G을 통틀어 칭할 때는 ‘원고 A 형제’라 한다)은 이 사건 증축물 중 2/3지분에 해당하는 425평(≒636평×2/3)을 소유하게 되었는데, 2009. 2. 20. 피고보조참가인에게 그 일부에 해당하는 100평을 80,000,000원에 매도하기로 하고 ‘부동산 미등기 증축물 매매계약서’를 작성하였다

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows, and on the same day, a notary public was certified as a notary public by the Seocho Law Firm, etc., No. 322 on the same day.

Of the 60th and 60th of the 5th of the 60th of the 60th of the 60th of the 60th of the 5th of the 5th of the year, the down payment shall be offset by KRW 52,500,000 of the purchase-price (payment method) purchase-price of KRW 80,000,000 of the previous lease deposit refund claim of KRW 52,50,000, and the intermediate payment shall be paid KRW 5,000 within two days after the completion of the notarial act, and the balance shall not be attached at the time of notarial act