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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. The Plaintiff A is the buyer under Article 505 of Seo-gu Incheon Metropolitan City and three lots D (hereinafter “instant building”); Plaintiff B is the buyer under Article 707 of the instant building; Defendant (Appointed Party) is the constructor of the instant building; and Asia trust is the real estate trustee who completed the registration of ownership transfer due to trust regarding Articles 505 and 707 of the instant building.
B. The Plaintiffs, at the Seoul Central District Court Decision 2009Gahap37010, filed a claim against the Defendant (Appointed Party) and the Asia Trust and Lee Plus Co., Ltd. (hereinafter “Dao Plus”) for the refund of the sale price caused by the cancellation of the sale contract, and for the cancellation of the trust agreement concluded between Lee Plus and the Asian Trust, but only partly won against Lee Plus, and lost against the Defendant (Appointed Party) and the Asia Trust.
C. On April 20, 2010, the Plaintiffs appealed and the appellate court was proceeding as Seoul High Court 2009Na90971, and the conciliation was concluded between the Plaintiffs, the Defendant (Appointed Party) and the Asian Trust, and the following contents were prepared (hereinafter “instant conciliation protocol”).
1. The Plaintiff A paid KRW 115,515,00 and KRW 118,85,000 to each of the Defendants, and the Plaintiff A paid KRW 118,885,00 to each of the Defendants. As to the real estate (No. 505 of the instant building), the Defendant Asian Trust Co., Ltd. shall implement the registration procedure for transfer of ownership on May 10, 2007, for the real estate (No. 707 of the instant building) listed in the [Attachment A] List No. 1 (No. 505 of the instant building).
2. The Plaintiffs are paid the amount set forth in paragraph (1) to the Defendants by April 30, 201, in repayment of the registration procedure for transfer of ownership under paragraph (1) from Defendant Asian Trust Co., Ltd.
3. As to the households that were sold in lots before April 20, 2010 among the entire D households in Seo-gu, Incheon, E, F, and G, the sales price shall be the future.