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1. The plaintiffs' claims are dismissed.
2. The succeeding intervenors of the Plaintiff A and the succeeding intervenors of the Plaintiffs.
Reasons
The Defendants, as a couple, are co-ownership owners who own 1/2 shares of each of the following: (a) the first underground floor and the fourth complex apartment (hereinafter referred to as “instant building”) on the ground-based 686,9 square meters (hereinafter referred to as “instant land”) of the Daejeon Jung-gu Daejeon-gu, Daejeon-gu; and (b) the co-ownership right holder who owns 1/2 shares of each of the instant buildings.
Defendant P is a 1/2 equity right holder of the instant land, and the remaining 1/2 equity of the instant land is owned by T and U.S., each 1/4 equity of Defendant P.
The Plaintiffs have commenced the new construction of the instant building (hereinafter referred to as the “instant construction”) and been operated by V, a representative director, as the companies involved in the construction of the instant building.
W, as the wife of V, lent its name to V in relation to the instant construction project.
Plaintiff
The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) acquired the instant land on July 16, 2003 (hereinafter “Plaintiff A”) commenced the instant construction after completing the registration of ownership transfer on the instant land from V on July 16, 2003.
During that period, the instant construction was suspended as the auction procedure (the Daejeon District Court X) filed by the creditor of the said company with respect to the instant land was commenced.
Defendant P and Y completed the registration of ownership transfer on November 22, 2006, after receiving a successful bid on November 20, 2006 by 1/2 shares of each land in the above auction procedure.
Since then, on June 19, 2007, Y-1/2 shares of Defendant P were transferred to Defendant P on June 19, 2007, and on June 25, 2007, Y-1/4 shares were transferred to Defendant P on June 25, 2007.
Plaintiff
Around November 2008, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) and Defendant P, including the conclusion of the instant agreement between Plaintiff B and Defendant P, agreed that “Defendant P shall sell the instant land at KRW 1150 million to Plaintiff B, but Plaintiff B shall pay the purchase price after completing the construction of the instant building on the ground of the instant land.”
Plaintiff .