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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On November 25, 2016, the Plaintiffs sold 1/2 shares in the separate sheet No. 1 (hereinafter “instant site”) in the procedure of voluntary auction of real estate E in this court on November 25, 2016, and completed the registration of ownership transfer in the names of the Plaintiffs.
B. On November 23, 201, prior to the decision to commence the voluntary auction of the above real estate, the Defendant obtained a building permit from the head of the competent Gu, and newly constructed a building listed in attached Table 2 (hereinafter “instant building”) on the ground of the instant site, and completed the registration of ownership preservation on February 15, 2016.
C. The Plaintiffs filed a lawsuit against the Defendant seeking the payment of unjust enrichment equivalent to the rent from the date of removal of the entire building of this case, delivery of the site, and acquisition of ownership (No. 2016Da15107, Jan. 12, 2018) to the date of completion of delivery of the site (No. 2016da15107).
On August 27, 2018, the defendant filed an appeal and the appellate court (this Court 2018Na32034) rendered a decision in lieu of conciliation (hereinafter “instant decision”) as follows, and the decision became final and conclusive.
1. The Plaintiffs sell the instant site to the Defendant in the amount of KRW 240 million. A.
The defendant shall pay to the plaintiffs 2.4 million won by October 31, 2018.
B. The plaintiffs shall implement the procedure for ownership transfer registration against the above site to the defendant.
C. The right to collateral security (No. 79586) received on November 25, 2016, which was established on the above site, shall be repaid and cancelled by the Plaintiffs.
The above paragraphs (a), (b), and (c) shall be simultaneously implemented.
2. The plaintiffs shall cooperate to the maximum extent possible so that the defendant can obtain a loan from a financial right as security.
3. The plaintiffs waive their remaining claims.
4. The costs of lawsuit and the total costs of conciliation shall be borne respectively;
The Plaintiffs satisfied the secured obligation of the right to collateral security, No. 79586, Nov. 25, 2016, which was established on the instant site, and completed the registration cancellation on February 19, 2019.
[Grounds for recognition] Items A through 3, 5, 5.