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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On May 9, 2010, the Plaintiff limited liability company A (the former trade name: D; hereinafter “A”) entered into a contract for construction works with the Plaintiff limited liability company, which newly constructs an officetel of the size of the first floor and the tenth floor above the ground (hereinafter “instant land”) on the ground of Daejeon U.S. Co., Ltd. (hereinafter “E”) on the ground of May 9, 2010, with the content that the contract amount was set as KRW 5,902,050,000 (including value-added tax) with respect to the construction works (hereinafter “new construction works of this case”).
B. Auction procedure 1) On January 6, 2010, the Daejeon District Court H on January 6, 2010 with respect to the instant land owned E upon the application of G association (hereinafter “instant auction procedure”).
(2) On November 2, 2011, the Defendant completed the registration of ownership transfer on the instant land on November 10, 201, after receiving a decision of permission for sale as to the instant land at the auction procedure, and completed the registration of ownership transfer on November 10, 201.
C. The Defendant filed a lawsuit against the Plaintiff, etc. seeking delivery of the instant land, removal of the instant building, and return of unjust enrichment, and withdrawal and return of unjust enrichment from the instant building (Seoul District Court 201Gahap13993) against the Plaintiff, etc., and was rendered a judgment of partial acceptance on December 5, 2012. (2) The said judgment appealed by the Plaintiff, etc. as Daejeon High Court 2013Na10039, but the said appellate court also rendered a judgment of partial winning by the Defendant on April 30, 2014. The said judgment became final and conclusive on June 14, 2014.
(hereinafter “instant eviction lawsuit”). 3 The Defendant’s unjust enrichment return to E or damage claim against E is the execution claim, and is against the building of this case to Daejeon District Court I.