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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On August 30, 2007, the Defendant entered into a joint agreement with a regional housing association organized to implement a regional housing construction project for the land AE in Seongdong-gu Seoul (hereinafter “instant project”) to jointly implement the instant project with the non-party company 58.45% and Defendant 41.53% shares in the non-party company (hereinafter “non-party company”).
B. The Plaintiffs, as part of the Defendant’s members, paid the money from August 2004 to November 2007, as shown in attached Form 2, to Nonparty Company or Defendant for the purchase price for the business site for the implementation of the instant business.
C. In carrying out the instant project, the non-party company entered into a real estate security trust agreement with the Korea Land Trust with respect to the land and building on 171 parcel, including the land AF site in Seongdong-gu, Seoul, which was secured as the project site. In the process, the public auction procedure for the instant project site was commenced due to the overdue loan of the non-party company. In the process, the members including the plaintiffs against the non-party company, including the right to return the pre-sale price paid as the purchase price for the land, and the defendant was decided to provisionally seize all the amount remaining after the non-party company was paid to the non-party company as the priority beneficiary who takes precedence over the truster company among the disposal price for real estate under the real estate security trust agreement for the Korea Land Trust in Seongdong-gu, Seoul, which was secured as the claim claim against the non-party company, with the total amount of 5,074,305,000 won.
As a result of the public auction, Korea's land trust remains in 43,982,9,515 won as a result of the public auction, the remaining amount is the same as the provisional attachment of the creditors of the non-party company and the priority claim of the two beneficiaries of the non-party company.