1. The plaintiffs' lawsuit of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Determination on the defense prior to the merits

A. As to the defendant who concluded an intermediate payment loan contract against each apartment unit listed in the separate sheet, the defendant sought confirmation of the non-existence of an intermediate payment loan obligation of the plaintiffs, the defendant filed a suit against the plaintiffs before the plaintiffs' lawsuit was filed, and thus, the plaintiffs' lawsuit of this case is unlawful as there is no benefit of confirmation.

B. In addition to the purport of evidence Nos. 1-5 and 2-2, the Defendant filed an application for the payment order against the Plaintiff on March 30, 2016 to pay part payments. Upon the Plaintiff’s filing of an objection to the payment order against the Plaintiff, the Defendant filed an application for the payment order against the Plaintiff on May 12, 2016, Incheon District Court Branch Decision 2016No1099; ② the Defendant filed an application for the payment order against the Plaintiff on March 30, 2016 to pay part payments against the Plaintiff B on May 31, 2016; ② the Defendant filed an objection against the Plaintiff on April 21, 2016 to pay part payments to the Plaintiff on May 31, 2016; ③ the Defendant filed an application for the payment order against the Plaintiff on April 21, 2016, to the Plaintiff Nonparty 36, which was ordered to pay the part payments to the Plaintiff on April 21, 2016.

(c) The obligee has filed a performance suit against the obligor.