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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On April 1, 2010, the Defendant entered into a construction contract with the period from April 1, 2010 to September 19, 2010, by setting the construction cost of KRW 65 million for bringing-in and removing soil and sand in and removing sptoptopto, with respect to the land of this case (hereinafter collectively collectively referred to as “instant forest”) and 1,110 square meters for the forest of 221 square meters in G, E and Friri (hereinafter referred to as “Fri”) and H forest of H (hereinafter referred to as “instant forest”).
B. On November 1, 2011, the Defendant entered into an additional construction contract with regard to the instant forest and land, and the instant forest and land, I, M, and N, setting the construction cost of KRW 70,000,000,000 for construction period, and the period from November 1, 201 to May 30, 201. At the time, E consented to the possession of the said land until the Defendant is fully paid for the instant civil construction cost.
C. From December 24, 201 to September 3, 2014, the Defendant paid a total of KRW 124,520,500 to the equipment, material companies, etc. for the instant civil engineering works. The Defendant occupied the instant forest land, etc. by setting up a fluor card with the effect that he/she shall exercise the right of retention on the instant forest, etc.
On March 24, 2014, according to the application for voluntary auction by the O Cooperatives, which is the right to collateral security of the instant forest, the procedure of voluntary auction was initiated with the Suwon District Court P regarding the instant forest land.
(hereinafter “Prior Auction Procedure”). E.
On September 22, 2014, the Defendant reported the right under the lien at the instant preceding auction procedure. On April 3, 2015, the Defendant filed a lawsuit against Suwon District Court 2015Kadan17353, against E for the confirmation of construction price and the right of retention. On June 2, 2015, the said court confirmed that the right of retention exists for E’s share of KRW 135,00,000 and its amount at the rate of 20% per annum from April 10, 2015 to the date of complete payment. The said court confirmed that there exists a right of retention for E’s share of KRW 135,00,000,000 as the secured claim for the construction price, from April 10, 2015 to the date of full payment.