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(영문) 광주지방법원 2016.06.17 2015가단41522
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. Plaintiff A was the owner of the land and its ground buildings in Gwangju Northern-gu (hereinafter “instant real estate”), and Plaintiff B, as the spouse of Plaintiff A, operated bathing rooms on the second and third floors of the above ground building.

B. On October 6, 2009, Gwangju District Court E, the auction procedure for the instant real estate was initiated, and the Defendant (Appointed Party C), the Appointed Party F, and the Appointed G purchased the instant real estate upon receiving a decision to permit sale.

C. On November 3, 2010, the Defendant (Appointed Party) C, the Appointed Party F, and G received an order to deliver the instant real estate from the possessor, including the Plaintiff B, in the instant case of the order to deliver the real estate at the HH auctioned real estate, and the Defendant (Appointed Party) C, the Appointed F, and the Appointed G received a decision to permit the sale of the movable property owned by the Plaintiff B to the said court I on February 7, 201.

On November 19, 2010, the Defendant (Appointed Party) received an order from the Plaintiff to deliver the instant real estate in the instant case of the order to deliver the auctioned real estate from JJ of the above court. In the course of delivery and execution of the instant real estate, the Defendant (Appointed Party) C, the Appointed F, and the Appointed G received a decision to permit the sale of the movables owned by the Plaintiff A to K of the above court on February 17, 201.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4

2. The gist of the plaintiffs' assertion was that the real estate of this case was sold to the real estate of this case and the corporeal movables owned by the plaintiffs, and the defendant C, the designated parties F, the designated parties G, and the defendant Republic of Korea were forced to illegally occupy and depart from the real estate of this case and corporeal movables owned by the plaintiffs by manipulating official documents and committing procedural illegal acts during the process of the auction of the real estate of this case and the sale of the movable property of this case. Accordingly, the defendant C, the designated parties F, the designated parties G, and the defendant Republic of Korea were unjustifiable without any legal grounds.

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