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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence of Nos. 1 to 28, evidence of No. 1 to 11, and the purport of all pleadings.
A. Plaintiff A, Defendant, and Nonparty E (hereinafter “Nonindicted Party”) purchased the instant land from F on August 30, 2014 and completed the registration of ownership transfer on October 17, 2014, respectively.
B. On February 10, 2015, the Plaintiff A, the Defendant, and the Nonparty jointly run the business of constructing a building on the instant land, and each of their shares was 1/3 to divide all costs and profits according to the share ratio.
C. On August 18, 2015, the Nonparty agreed to settle the accounts with the Plaintiff and the Defendant, instead of receiving KRW 41,727,380 from the Plaintiff in charge of the funding of the instant trade, instead of receiving KRW 41,727,380 from the Plaintiff in charge of the funding of the instant trade, the Nonparty agreed to transfer the Plaintiff’s 1/3 of the instant land to the Plaintiff.
(In August 20, 2015, the Nonparty transferred 1/3 of the instant land to the Plaintiff on August 20, 2015, and received KRW 41,727,380 from the Plaintiff on October 19, 2017, and damages for delay therefrom, and completed the settlement following the withdrawal from the instant trade).
Plaintiff
B around September 2015, the Plaintiff A invested KRW 150,000,000 as the project fund of the instant East Business.
Since then, both the building design and supervision contract between Company G as of November 4, 2015 and the design service contract between Company H as of January 9, 2016 were concluded in the names of the Plaintiffs and Defendant 3.
E. On August 1, 2016, Plaintiff A created a right to collateral security of KRW 1,300,000,000 with respect to the whole land of this case, including the Defendant’s shares, to the I Association, and took out a loan of KRW 1,00,000 with respect to the instant club business funds, and around that time, Plaintiff A and the Defendant around that time.