1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

The Defendant is a non-corporate group consisting of fishermen who have acquired the right to sell 1,869 m2,054 m2,054 m2 (hereinafter “instant land”) from the Korea Water Resources Corporation, Ansan-si, and Nonparty D is a constructor.

On May 2, 2002, E, F, G, H, I, J, and K (hereinafter “E”) acquired the right to sell the remaining part of the instant land, the Defendant and the instant land, with a view to constructing a commercial building on the instant land (hereinafter “instant building”) between D and D (hereinafter “instant construction contract”).

According to the construction contract of this case, the defendant and six other parties provide the land of this case, complete the building of this case by inserting the construction cost, and pay the land price in lieu of the whole sales facility of the first floor to the defendant and the defendant and the non-six persons, and the construction cost was appropriated as the sale price received by selling the part other than the first floor.

(E) On November 21, 2003, the Defendant and D added part of the object of payment in kind to the second floor and changed the construction contract of this case). E and six others completed the registration of ownership transfer from the Korea Water Resources Corporation on October 1, 2005 to November 11, 2005 on their share of land of this case.

On the other hand, the defendant's right to claim the transfer of ownership to the Korea Water Resources Corporation by L, M and 13 others, N andO was provisionally seized, and some of the sale price was not paid to the Korea Water Resources Corporation and thus it is impossible to register the transfer of ownership.

P and D, which had been the president of the Defendant’s partnership at the time, received R and S through Q, the land of P, in the process of raising funds necessary to cancel the above provisional seizure and to pay the remaining sales price in full.

P and D borrowed 1,80,000,000 won under a joint name from R and S, and decided to set up mortgage on the land and building of this case to them.

3.2