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1. Revocation of a judgment of the first instance;
2. The plaintiffs' claims are dismissed.
3. The costs of the lawsuit are assessed against the Plaintiffs.
Reasons
1. The basic facts of the claim (1) were jointly owned by Nonparty E (270/1,085), G (70/1,085), I (475/1,085/1,08), H (270/1,085/1,08) (hereinafter collectively referred to as “E, etc.”), and F 506/1,00 square meters of land owned by E.
(2) On January 28, 2005, E, etc. received a request for sale from K, referred to as an agent of L Co., Ltd. in the course of promoting apartment construction projects with a total of 170 households, and the said request was made to sell each of the above lands collectively, and the price of KRW 1.62,45 million [79 billion among them] KRW 79.5 million shall be paid in cash (the down payment shall be KRW 70 million on the date of the contract, the intermediate payment shall be KRW 483.5 million until March 31, 2005, the remainder of KRW 150 million until April 30, 2005, and KRW 16 million shall be paid, respectively; hereinafter referred to as “cash purchase price”).
(2) On December 31, 2006, the Plaintiff entered into a contract with L to sell an apartment building site to the said company (hereinafter “instant sales contract”) with five apartment bonds to be constructed on each of the above lands until December 31, 2006.
(3) After the receipt of 173 million won as part of the down payment and the part of the intermediate payment out of the cash purchase amount from K, and the letter of consent to the use of each of the above lands was issued.
On the other hand, on February 7, 2005, E, etc. completed the registration of creation of a mortgage with the maximum debt amount of KRW 1.2 billion on each of the above lands as the wife of Plaintiff A and I (the Plaintiffs, other than E, were the mortgagee, and each of the above lands was the joint collateral, and the Plaintiff et al. was the joint collateral), and the debtor E (E et al. did not designate L or K as the debtor but took E as the debtor).
(4) On May 2005, K grants the registration of ownership transfer on each of the above lands prior to receiving the intermediate payment and remainder of the cash purchase price in order to promote apartment construction projects as soon as possible.