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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each entry of evidence Nos. 1-1, 3, 8, 9, and evidence No. 2-1.
H On November 29, 2006, the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and the Korea Land Construction Co., Ltd concluded a sales contract with an exclusive area of KRW 101,7730 square meters (supply area of KRW 130.528 square meters, 39A square meters) among apartments constructed in Jung-gu, Incheon, Jung-gu, and Jung-gu.
B. On December 11, 2009, the Korea Land Trust made a registration of preservation of ownership with respect to G apartment Nos. 112, 2002, Jung-gu, Incheon, Jung-gu (hereinafter “instant apartment”).
H paid the entire purchase price of the instant apartment on April 28, 2010, on June 22, 2010, after obtaining the registration of ownership transfer for the instant apartment, and on the same day, obtaining a loan of KRW 230 million from the National Bank of Korea Co., Ltd., the amount of the maximum debt with respect to the instant apartment was set up a collateral security with respect to the instant apartment amount of KRW 279,60,000, and the debtor H.
C. As H did not repay the above loans, on June 21, 2013, the National Bank applied for an auction of real estate rent to L with this court on the basis of the foregoing right to collateral security and started the auction procedure on the same day. The instant apartment was sold to the Plaintiffs on July 11, 2014.
The Defendants were residing in the Jung-gu Incheon Metropolitan City M apartment 206 Dong 303, May 3, 2010 and completed the move-in report to the instant apartment on May 3, 2010, and currently reside in the instant apartment.
2. The plaintiffs' assertion
A. The Defendants are the most lessee, and they must jointly deliver the instant apartment to the Plaintiffs. The Plaintiffs should pay unjust enrichment equivalent to the rent from July 11, 2014, which they acquired ownership, to the time of the possession and completion of use of the instant apartment.
B. Even if the Defendants are not the most lessee, a lease contract is concluded.