1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. D obtained a decision to grant a successful bid in the name of the Defendant in the F voluntarily auction procedure at the Seocho-gu Seoul District Court, Chuncheon District Court, in order to obtain a decision to grant a successful bid in the name of the Defendant, and registered the transfer of ownership in the name of the Defendant on March 8, 2010, with regard to the above real estate in Yangyang-gun, Yangyang-gun, 101 Dong 1409 (hereinafter “instant apartment”).

B. D’s death on December 3, 2010, the Plaintiffs and G succeeded to D’s property as follows (hereinafter “the deceased”).

[Attachment] 1: Plaintiff A3/7 No. 1’s relation with the deceased’s statutory inheritance; Plaintiff B 2/7 Plaintiff A and D’s 3 G 2/7 D’s son, and H and D’s son.

C. After the death of the deceased, the Plaintiff A and G prepared an explanatory note with the content that part of the deceased’s property, including the instant apartment house, is inherited by G (hereinafter “each of the instant notes”). The lower part of each of the above subparagraphs stated “B including the deceased’s inheritor B” at the bottom of the Plaintiff A’s seal.

After the creation of the instant report, the Defendant calculated the auction price of KRW 49,437,740,000, which was borne by the Deceased during the said auction procedure according to the agreement with G, as KRW 50,000,000,000 on April 29, 2011, and paid KRW 50,000,000,000,000 on May 13, 2011, to G.

E. On September 16, 2012, the Defendant sold the instant apartment to I, and on October 4, 2012, the ownership transfer registration of the instant apartment was completed in the name of I.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The summary of the argument is that since the defendant sold the apartment of this case which was held in title by the deceased to another person, 49,437,740 won, which is the amount equivalent to the successful bid price of the apartment of this case which was borne by the deceased, shall be returned to the plaintiffs, who are the inheritor of the deceased, as unjust enrichment

B. The Defendant’s judgment is based on the title trust agreement with the deceased.