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1. The plaintiffs' respective claims against the defendants are dismissed in entirety.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The judgment on the cause of the claim that the Plaintiff A acquired the ownership of 302 in the auction procedure of real estate E in Seoul Eastern District Court on December 22, 2006, and the Plaintiff B acquired the ownership of 402 in the auction procedure on the same day. The fact that the Defendants currently possess 302 and 402 as of the date does not conflict between the parties, or that the Defendants possessed the above 302 and 402 may be acknowledged by comprehensively taking account of the respective descriptions and arguments set forth in subparagraph 1-1, 2 and 3
According to the above facts of recognition, barring any special circumstance, the Defendants are obligated to deliver 302 units to Plaintiff A and 402 units to Plaintiff B, and to pay unjust enrichment equivalent to the rent for each of the above real estate from January 1, 2008 to the completion date of each delivery as requested by the Plaintiffs.
2. Determination on the defendants' main defense
A. Each of the plaintiffs' claims by the defendants is that they had already been disputed in the previous lawsuits related to Nos. 302 and 402. Since they conflict with the contents of the final and conclusive judgment, they are unlawful as they conflict with the res judicata.
B. The Defendants filed a lawsuit against the Plaintiff A regarding the claim for possession recovery under the Seoul East Eastern District Court 2007da34884, which was the Seoul Eastern District Court 2007da34884, which was 302, and the said decision became final and conclusive at that time. The Defendants filed a lawsuit against the Plaintiff for possession recovery claim under the Seoul East Eastern District Court 2009Na18588, which was tried by the appellate court (Supreme Court 2010Da18294) and the appellate court (Supreme Court 2010Da18294) and the appellate court (Seoul East Eastern District Court 2010Na5481) to the effect that “the Plaintiff shall deliver 302 to the Defendants” on October 8, 2010, and the said decision became final and conclusive. The Defendants were tried in favor of the Plaintiff on December 19, 2008, and thus dismissed the Plaintiff’s appeal and the judgment became final and conclusive.
At the time of the assertion that the person was deprived of possession, the request for the recovery of possession shall be occupied.