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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 real estate listed in paragraph (1) of the Attached List No. 1 (hereinafter “instant land”) owns 4/5 shares and 1/5 shares, respectively, and the real estate listed in paragraph (2) of the Attached List No. 2 (hereinafter “instant land”) owned by the Defendant. The real estate listed in paragraph (3) of the Attached List No. 3 (hereinafter “instant third land”) owned 2/5 shares, and the Defendant owns 2/5 shares, E, F, and G own 1/5 shares, respectively.
On the other hand, F’s share 1/5 of the land No. 3 of the instant case was terminated to the Defendant on the grounds of public sale as of February 16, 2012.
B. On January 10, 2012, the Defendant concluded a sales contract with the Plaintiffs to sell each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) to KRW 2.55 million (hereinafter “instant sales contract”), and agreed on the transfer of Nonparty 1’s equity to Nonparty 1’s instant land and the transfer of Nonparty 8’s equity to each of the instant lands, within five months from the date of the sales contract, to resolve the cancellation of the right to collateral security established on each of the instant lands 2 and 3 within two months from the date of the sales contract.
C. Since then, the plaintiffs filed a lawsuit against the defendant for the implementation of the procedure for the registration of ownership transfer of each land of this case (this court 2012Gahap29555, hereinafter referred to as the "previous lawsuit"), and the Daejeon High Court, as a result of appeal filed by the plaintiffs and the defendant against the judgment of the court of first instance, dismissed the sales contract of this case, and changed the contract of this case to the lawsuit seeking payment of KRW 300 million for down payment and penalty of KRW 500 million for restitution to the original state, and changed to the lawsuit seeking payment of KRW 300 million for the cancellation of the contract of this case and the cancellation of the right to collateral security established on the land of this case.