부당이득금반환 청구의 소
1. On February 25, 2019, Defendant B, Defendant C, and Defendant C, as to each of the said money, KRW 125,185,202, and KRW 45,497,076.
1. Facts of recognition;
1. On the Plaintiff (Counterclaim Defendant),
A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) removes each building and structure listed in paragraphs (1) through (8) of the attached Table 1, delivers each land listed in paragraphs (1) through (3) of the attached Table 2, and pays the money calculated by applying the ratio of KRW 3,029,655 per month from January 1, 2008 to the completion date of delivery of each of the above lands, and (a) pays the money calculated by applying the ratio of KRW 8,829,342 to KRW 300 per month
C. Defendant C shall remove each building listed in paragraphs (9) through (11) of the attached Table 1, deliver the land listed in paragraphs (4) through (6) of the attached Table 2, and pay the money calculated by applying the rate of KRW 1,025,462 per month from January 1, 2008 to the completion date of delivery of each of the above lands (as outlines).
2. The Plaintiff (Counterclaim Defendant)’s remaining principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim is dismissed. A.
In around 2007, the Plaintiff filed a lawsuit against the Defendants, etc. claiming removal of the building and delivery of the land (this Court Decision 2007Da38888), Defendant B filed a counterclaim against the Plaintiff (this Court Decision 2007Gadan48908), and this Court sentenced the following judgment on December 18, 2008 (hereinafter “the previous judgment”). The previous judgment of this case became final and conclusive on January 15, 2009.
B. On December 31, 2008, the Defendants performed all the duty of removal of buildings and delivery of land ordered in the previous judgment of this case.
C. On December 28, 2018, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription for the claim for return of unjust enrichment pursuant to the previous judgment. D.
The amount of the Plaintiff’s claim for return of unjust enrichment by the previous judgment of this case is KRW 125,185,202 against the Defendant B (=8,829,342 won 3,029,65 x 12 months) and KRW 45,497,076 against the Defendant C (=3,191,532 won 1,025,462 x 12 months).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above findings, Defendant B shall be the Plaintiff, Defendant B shall be KRW 125,185,202, Defendant C shall be the 45,497,076, and each of the said amounts.