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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the statements in Gap evidence 1 to 6, and 13 (including each number; hereinafter the same shall apply) and witness F's testimony, as a whole, of the whole purport of the pleadings:
Around February 8, 2012, G Co., Ltd. (hereinafter “G”) newly constructed Mtel (current Ntel; hereinafter “instant officetel”) on the Nam-gu J, K, and L three lots (hereinafter “instant land”) (hereinafter “instant officetel”) around February 23, 2012, G Co., Ltd. (hereinafter “instant construction”) around the construction period from February 23, 2012 to July 31, 2012 (hereinafter “instant construction”). Around February 23, 2012, G Co., Ltd. (hereinafter “B”) received a payment of KRW 2,00,000,000 for the construction cost, from February 31, 2012 to July 31, 2012.
B. On January 11, 2013, G issued a copy of a promissory note with a face value of KRW 1,000,000,000 to the Plaintiffs, which includes the purport of recognizing compulsory execution (No. 42, 2013, a notary public drafted a notarial deed containing the purport of recognizing compulsory execution (No. 42, 2013).
C. On November 7, 2013, the Plaintiffs received a collection order (hereinafter “instant seizure and collection order”) issued with respect to “the claim amount to be paid at the time of completion of construction and construction” of the instant construction against the Defendants of G as the sum of KRW 1,000,000,000 (the claim amount by Plaintiff is the amount corresponding to each of the claims stated in the purport of the claim) and issued with respect to “the construction cost and liquidation money to be paid at the time of completion of construction,” which is based on the said notarial deed, and the said order was served and finalized by service to the Defendants around that time.
On May 15, 2013, the date of the receipt of the instant officetel, the transfer registration of ownership in the name of the Defendants (Defendant C11/21 shares, Defendant D6/21 shares, Defendant E4/21 shares, and Defendant E4/21 shares) of the right holder and the type of mineral-type housing on August 19, 2012 as the grounds for registration on August 19, 2012, 2013.