1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The defendant's new construction work of the apartment of this case 1) around April 2005, the defendant around April 2005 between the building owner C and the 11 others, and the apartment building of 12 households on the land outside Seocho-gu Seoul Metropolitan Government D and 3 lots (hereinafter "the apartment of this case").

(2) Around July 2006, the Defendant completed the new construction of the instant apartment, and the registration of ownership transfer was completed under the name of E on July 28, 2006, and the name of F on August 13, 2008, under the name of E on July 28, 2006, with respect to the real estate listed in the separate sheet (hereinafter “instant apartment 102”) among the instant apartment.

B. On June 1, 2010, G’s possession of the instant apartment No. 102, G filed a move-in report on June 1, 2010, and resided in the instant apartment from that time. On January 3, 2012, H, I and K, the spouse of G, J and K, the spouse of G, filed a move-in report in sequential order, and resided in G along with G.

C. On December 23, 2014, with respect to the instant apartment Nos. 102, the commencement and lapse of the instant auction procedure (hereinafter “instant auction procedure”)

2) On January 12, 2015, the enforcement officer who examined the present status and possession of the instant apartment Nos. 102 at the instant auction procedure submitted a survey document stating that the instant apartment Nos. 102 is a lessee’s family member, after having interviewed with G I on January 12, 2015.

On November 26, 2015, the Defendant reported the lien that the Defendant occupied the instant apartment No. 102 in order to exercise the lien against the construction cost of KRW 1,391,341,164 and the damages for delay as the secured claim.

E. On May 16, 2016, the Plaintiffs and M acquired the ownership of the instant apartment on May 16, 2016, Plaintiff A 1/4 of the instant apartment 102, and Plaintiff B 1/4 of the instant apartment 102.