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1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Facts of recognition
The non-party D Co., Ltd. (hereinafter “non-party D”) completed the registration of transfer of ownership on December 13, 2010 with respect to forest E with the wife population E 27,219 square meters (hereinafter “the instant real estate”).
The non-party company completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with the debtor company, the mortgagee company, the defendant, and the maximum debt amount of the non-party company at KRW 84,200,000 on the ground of the Suwon District Court's Suwon District Court's Registration Office No. 177618, Dec. 13, 2010, as of December 10, 2010.
On February 9, 2011, the Plaintiffs received a decision of provisional seizure on the instant real estate by Seoul Central District Court 201Kadan360, and completed the registration of provisional seizure on the instant real estate (hereinafter “registration of provisional seizure”).
【In the absence of dispute between the parties to the agreement, the entry of Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the entire pleadings, the plaintiffs asserted the purport of the whole pleadings by the plaintiffs to the small association as to the claim for return of unjust enrichment following the cancellation of the sales contract of 20,737 square meters of forest F, forest F, and F, 737 square meters (hereinafter the "land purchased by the plaintiffs of this case"), and the claim for damages arising from tort in default. Accordingly, the plaintiffs sought revocation of the contract of this case corresponding to a fraudulent act between the non-party company and the defendant on the basis of the preserved
Before submitting an application for change of the purport of the claim and the cause of the claim on January 7, 2020, the Plaintiffs were entitled to seek restitution of unjust enrichment against the Defendant or compensation for damages caused by unlawful acts. The Plaintiffs, upon submitting an application for change of the purport of the claim and the cause of the claim on January 7, 2020, invoked the existing cause of the claim. However, the purport of the claim on January 17, 2020, is either return of unjust enrichment or return of unjust enrichment.