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(영문) 광주지방법원 2018.10.25 2018가합1010
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiffs E are L’s wife, Plaintiff A, B, C, and D’s children.

B. On June 11, 198, 1998, L filed a lawsuit with the Gwangju District Court against the Defendants on June 11, 1998 against each of the real estate listed in the separate sheet (hereinafter “instant real estate”). 2) On August 25, 1998, when the said litigation procedure was in progress, the Defendant J was in the position of the designated parties of the Defendants in the said litigation procedure. The Plaintiff is the decedent of M&M with regard to the instant real estate (hereinafter “the instant compromise”). The settlement was established that “the Plaintiff shall implement the procedure for the ownership transfer registration of 740/1,50 shares out of the shares of the Plaintiff.” However, L did not complete the registration of ownership transfer concerning the instant real estate even after the settlement in this case was completed (Evidence evidence 1).

C. On March 3, 2012, when the Plaintiffs died on March 3, 2012, the Plaintiffs succeeded to the Plaintiffs’ L.

(C) fact that there is no dispute. D.

On March 2, 2016, the Defendants sold the instant real estate to the NN Housing Association on March 2, 2016.

(C) / [Ground for recognition] The fact that there is no dispute, entry of Gap evidence 1, the purport of the whole pleadings.

2. The parties' assertion

A. The Defendants are obligated to complete the registration of ownership transfer with respect to the instant real estate to L according to the instant reconciliation.

Nevertheless, the Defendants sold the instant real estate to another person without fulfilling their obligations upon the settlement of the instant case.

Therefore, the Defendants are obliged to compensate the Plaintiffs who inherited L for damages caused by failure to perform the duty to complete the registration of ownership transfer of the instant real estate upon the settlement of this case.

B. As to the instant real estate in which L had the Defendants acquire upon the settlement of this case by the Defendants.

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