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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. D Co., Ltd. (hereinafter referred to as “D”) newly constructed an urban-type residential house (studio), officetels, and neighborhood living facilities (hereinafter referred to as “instant building”) on the land of Gwangju North-gu, Gwangju, and completed registration of initial ownership on March 3, 2014.
B. On January 9, 2014, the Plaintiffs: (a) leased KRW 300 million to D; (b) KRW 300 million per annum; (c) KRW 25 percent per annum; and (d) maturity on April 8, 2014; (b) concluded an agreement with the Plaintiffs to sell among the instant buildings in lots to the Plaintiffs, if D is unable to repay the said KRW 300 million to the Plaintiffs.
C. On February 8, 2014, the Plaintiffs specified KRW 100 million as D, interest rate of KRW 3% per month, interest rate of delay damages rate of KRW 25% per annum, and due date of payment of KRW 100 million on March 18, 2014, and concluded an agreement with the Plaintiffs to sell P, Q, and R among the instant buildings where D is unable to pay the said KRW 100 million to the Plaintiffs.
D On March 25, 2014, on the grounds of sale as of February 10, 2014, the registration of ownership transfer was completed with respect to F, G, H, I, I, J, K, L, M, N, N, andO among the instant buildings.
E. On November 17, 2014, the Defendant completed the registration of ownership transfer with respect to F, J, N, and F among the instant buildings on the grounds of sale and purchase as of October 28, 2014.
F. Meanwhile, on October 30, 2014, D repaid KRW 100 million to the Plaintiffs.
G. The Plaintiffs filed a lawsuit against the Defendant, etc. for revocation of a fraudulent act on the grounds that the sales contract for F, G, H, I, J, K, H, L, Mho, and Mho among the instant buildings constituted a fraudulent act. However, in the appellate court of the instant case (No. 2017Na10984 of the Gwangju High Court), the sales contract for each of the above households is a false declaration of agreement by exercising the subrogation right of the Plaintiffs to preserve the claims against D in order to preserve the claims against D in the said case.