1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

1. Basic facts

A. On June 13, 2012, F completed the registration of ownership transfer on August 21, 2012, for detached housing of three floors of reinforced concrete structure E-based in Gwangju Mine-gu (hereinafter “instant housing”), the ownership transfer registration was completed to G on August 21, 2012.

B. At the time of July 16, 2012, the Plaintiffs leased the instant housing No. 101 from F as of July 16, 2012 (hereinafter “instant lease contract”). The content of the contract set the lease deposit as KRW 65 million, and the deposit amount of KRW 5 million was paid as of August 16, 2012 when entering into the contract, the remainder of KRW 60 million was paid as of August 16, 2012. As to the lease period, the lessee delivered the instant housing to the lessee by August 16, 2012, and the lease period is up to August 15, 2014 (month).

C. On July 16, 2012, the Plaintiffs completed a move-in report with the instant house and received a fixed date, and paid F the remainder payment of KRW 5 million to F on the same day, and paid KRW 60 million to F on August 17, 2012.

On August 2, 2012, the registration of the establishment of chonsegwon in the name of the defendant was completed on August 2, 2012 with the deposit money of KRW 65 million.

E. After the registration of ownership transfer in the name of G was completed with respect to the instant housing, H, a creditor of G, applied for the commencement of a compulsory auction on the instant housing to the court, and on May 26, 2014, the registration of the decision to commence compulsory repurchase was completed as D of this court.

F. On July 1, 2015, the instant court drafted a distribution schedule with respect to the instant housing (hereinafter “instant distribution schedule”) in order to distribute the remaining amount to the Defendant, who is the person having chonsegwon, KRW 60,295,651 in the fifth order.

G. The Plaintiffs appeared on the aforementioned date of distribution, and raised the instant lawsuit on July 8, 2015, against the full amount of the Defendant’s dividends.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 9, 10, and 12 (including a branch number; hereinafter the same shall apply), and arguments.