손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The parties to the dispute 1) Plaintiff A is the Seo-gu land and the 4th (the 2nd (the 2nd) above ground (hereinafter “instant building”) of Gwangju-gu and the 2nd (the 2nd) above, and the land and the building are collectively referred to as “instant real estate.”
(2) Defendant E is the owner of the instant real estate under the name of Defendant D, subject to the decision to permit the sale on July 13, 2010, and completed the registration of ownership transfer on August 11, 2010, after receiving the decision to permit the sale of the instant real estate in the name of Defendant D.
B. Defendant D filed an application for a real estate delivery order with the Gwangju District Court L case against the possessor of the instant building including the Plaintiffs, and the said court (hereinafter “execution court”).
) On September 13, 2010, the extradition order for each possession (hereinafter “instant extradition order”) is issued.
AC sent an original copy of the extradition order of this case to Defendant D, and this was served on September 15, 2010. 2) Of the respondent of the extradition order of this case, Plaintiff B, C, AD, and AE (hereinafter referred to as “Plaintiff B, etc.”) deposited KRW 5 million each of the 20 millions in the Gwangju District Court Decision 2010Ka1492, Sept. 29, 2010, on condition that deposit was made by the appellate court, the appellate court deposited KRW 20 million in total until September 30, 2010, and the appellate court dismissed the appeal on December 30, 2010, although the appellate court filed an immediate appeal on September 30, 2010.
As to this, Plaintiff B, etc. re-appealed to Supreme Court Decision 201Ma124 Decided May 13, 201, but the instant extradition order became final and conclusive as it is by dismissing the reappeal on May 13, 2011.
3 Defendant D is the instant case on November 17, 2010 in the Gwangju District Court 2010Kaga1764 decision-making case.