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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. Plaintiff B and the network G were some co-owners of the Sungwon-si H land in Changwon-si (hereinafter “instant land”).
The deceased G died on April 29, 1995, and the plaintiff A is the heir of the deceased G.
B. Co-owners of the instant land, including Plaintiff B and Dong G, decided to construct the instant building listed in the separate sheet No. 2 (hereinafter “instant building”) on the instant land, and received a building permit on the instant building from co-owners as the owner around 1989, by designating co-owners as the owner.
On May 9, 191, co-owners of the instant land entered into a construction contract for the construction of the instant building on the instant land (hereinafter “instant contract”).
C. The construction of the instant building by October 1996 was not carried out any more due to the default on the payment of taxes until the date of the construction of the instant building, and the construction ratio up to that time reached about about 55%.
On December 11, 1997, Songwon General Construction Co., Ltd. (hereinafter referred to as "Songwon General Construction") acquired the status of the instant contract from the development of Rap Housing, and changed the name of the owner of the instant building under the name of co-owners of the instant land on October 27, 1998 under the name of the owner of the building in the name of Songwon General Construction.
E. On April 27, 2002, the Howon Integrated Construction Co., Ltd. (hereinafter “Seowon Hot Spring Development”), Changwon Hot Springland (hereinafter “Seowon Hot Springland”), I, and Songwon Integrated Construction entered into a contract for the development of Sejong Housing, Changwon Hot Springland, and the accord and satisfaction of the instant building to I (hereinafter “instant accord and satisfaction contract”).
F. On August 20, 2002, Changwon District Court Decision 2002Kahap409, Changwon District Court Decision 2002Kahap409, which held the right to claim ownership transfer registration under the payment contract in this case as the right to be preserved, is entrusted with the provisional disposition registration on August 26, 2002.