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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The above ground-based concrete tank neighborhood living facilities and housing (hereinafter “the instant building,” and the instant land and buildings combined with the Defendant’s living together, owned by Nonparty E, who is the Defendant’s living together. However, the Defendant purchased in the public sale process (the purchase price of KRW 500 million, Nonparty E bears each of the bid deposit amounting to KRW 50 million, and the Defendant bears the remainder of KRW 450 million) on November 4, 2004.
B. Since the Defendant thought to sell the instant real estate again to Nonparty E, Nonparty E allowed Nonparty E to rent the instant building on behalf of the Defendant and consume it with a monthly payment as follows, and mutually understood to reflect the foregoing circumstances when determining the sales price with Nonparty E in the future.
The monthly rent of the lease deposit for the lessee in the lessee's room on the lease date, 14 January 14, 2005, KRW 400,000 won in F G 10 million until April 13, 2007, KRW 400,000,000 until December 21, 2005, KRW 135,000,000 until December 20, 2007, KRW 40,000 in J 40,000 as of October 6, 205 until October 5, 2007, KRW 40,000 won in L M 40,000 won until June 17, 2005 until June 16, 2007.
C. On December 23, 2006, the Defendant: (a) sold the instant real estate to Nonparty E’s wife A (pre-name P); (b) Plaintiff B, Q, and Nonparty R (hereinafter “Plaintiffs et al.”) who are Nonparty E’s children; and (c) KRW 540 million (the contract amounting to KRW 54 million and the remainder of KRW 486 million) and agreed to receive any balance after the registration of ownership transfer (hereinafter “instant sales contract”); and (d) as a special agreement, the Defendant determined that “the remainder of KRW 1550 million is included in the remainder of the deposit deposit for the entire building of this case.”
Before receiving any balance on December 29, 2006, the Defendant: (a) paid to four persons, including the Plaintiff, with respect to shares of 1/4 of each of the instant land; and (b) as to shares of 1/2 of the instant building.