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The plaintiffs' claims against the defendants are dismissed in entirety.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. On July 2010, F Co., Ltd. (hereinafter “F”) entered into a contract for construction works to newly build an I apartment house (hereinafter “instant apartment”) on the land outside H of Seoul Special Metropolitan City, Nowon-gu and 13 lots on the ground of July 2010, and agreed that the construction cost will be allocated from the liquidation amount and the general sale amount (30 households out of the total 58 households).
2) Around March 201, F completed the new construction of the instant apartment, but failed to receive the payment of the construction cost from the instant association. From April 9, 2012, F had 33 households among the instant apartment units (general unit unit units, cooperative unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit
3) The creditor K applied for compulsory auction of the instant real estate to Seoul Northern District Court L with respect to the instant real estate, etc. on July 24, 2012 (hereinafter “instant auction procedure”), and F reported a lien of KRW 15,921,751,243 on December 26, 2012.
4) On October 10, 2012, Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”) filed a lawsuit against F for the payment of the construction cost under the Suwon District Court 2012 Gohap 20966, and thereafter won the lawsuit. On February 3, 2014, at an open appellate court (Seoul High Court 2013Na 32941) on February 3, 2014, “F is obligated to pay the construction cost of KRW 753,589,058 to Plaintiff C and its delayed damages. However, on October 31, 2014, the Plaintiff shall implement the registration procedure for the transfer of ownership for two households (Mho and Nho) of the instant apartment among the instant apartment units by October 31, 2014.
If any, the obligation to repay the said substitute.