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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. C Co., Ltd. (hereinafter referred to as “C”) for the registration of transfer of ownership in the name of C on the instant real estate
(E) On June 23, 2004, a company established for the purpose of construction business, etc., “E on the ground of 1,151 square meters of land outside Mapo-gu Seoul, Mapo-gu, and four lots of land” (hereinafter “E”) refers to the instant real estate.
(2) On May 7, 2005, upon obtaining a new construction permit for the new construction, the new construction of the instant real estate was ordered to the JD Construction Co., Ltd. (hereinafter “DD Construction”), and the JD Construction completed the instant real estate and obtained approval for the use on January 10, 2008. 2) Meanwhile, C’s creditors filed an application for provisional attachment against the instant real estate and completed the registration of the provisional attachment registration ex officio as to the instant real estate on September 7, 2007 for the registration of the provisional attachment entry.
B. Around December 2004, the Plaintiffs and F sold shares in land G, H, I, J, and K to C. In lieu of the purchase price, the film theaters of the instant real estate were assigned from C to C. Accordingly, the Plaintiffs and F filed an application for provisional injunction on the fifth or tenth floor of the instant real estate as Seoul Western District Court Decision 2007Kahap1870 on October 26, 2007, and completed the provisional injunction registration and filed a lawsuit for the ownership transfer registration on the said real estate portion as Seoul Western District Court Decision 2007Kahap10368 on November 6, 2008.
However, the plaintiffs and F filed an appeal with Seoul High Court No. 2009Na14038 and filed a claim seeking monetary payment equivalent to the above real estate portion value and seeking confirmation of the bankruptcy claim in preliminary order. On April 14, 2010, the plaintiffs' bankruptcy claim against C with each of the plaintiffs' bankruptcy claims amounting to KRW 1,881,616,438, and F's bankruptcy claim amounting to KRW 1,672,111.