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1. Of the judgment of the court of first instance, the part against Defendant C, D, J, L, M, and N is revoked, and the plaintiffs corresponding to that part is revoked.
Reasons
1. Basic facts
A. As the construction of a new Q building and the registration of ownership preservationO corporation (hereinafter “O”) had been completed on October 27, 2005 upon application for provisional attachment of R, a creditor of theO, while the construction business operator was unable to pay the construction cost properly to the construction business operator who had participated in the new construction of the first and the sixth floor above the P ground in Ulsan-gu P ground in Ulsan-gu, Seoul-gu, but the registration of ownership preservation of the aggregate building was completed on October 27, 2005.
B. From 2006 to 2007, the registration of the voluntary decision on commencement of auction was completed on December 1, 2009, with respect to each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”), among the buildings mentioned in the separate sheet (hereinafter “each of the buildings of this case”), among the above Q buildings, the registration of the voluntary decision on commencement of auction was completed on December 1, 2009.
C. On January 201, the remaining Defendants other than Defendant N who reported the lien reported the lien to the effect that, in the above auction procedure, the sum of KRW 1.796 billion against O was claimed for construction cost. D.
The Plaintiffs were the owners of each building of this case by purchasing each building of this case at the above auction procedure on April 1, 201 and completing the registration of ownership transfer of 1/2 shares on the same day.
E. On June 24, 201, the Defendants filed an application for voluntary auction on each of the instant buildings with U.S. District Court U.S. On June 24, 201, and Defendant C, N, L, D, I again filed an application for voluntary auction on any of the instant buildings (except for Defendants 13, 15) and 27 buildings different from that of each of the instant buildings with the Ulsan District Court W on August 19, 2011. (2) At the time of filing the application for voluntary auction on any of the instant buildings, Defendant C had the right of retention on each of the instant buildings. (3) At the time, Defendant C had the right of retention on each of the instant buildings.