부당이득반환
1. The Defendants: (a) March 5, 2014; (b) March 5, 2014; (c) the distribution procedure for the real estate E compulsory auction case to the Plaintiff.
1. On May 31, 2012, the Plaintiff filed a lawsuit against F in relation to the claim for the agreed amount by the Incheon District Court 201Gahap22319, and received judgment in favor of the Plaintiff on May 31, 2012, stating that “F shall pay to the Plaintiff 115,00,000 won and the amount equivalent to 5% per annum from June 1, 2006 to November 8, 201, and 20% per annum from the next day to the date of full payment.”
(F) On the other hand, G (which was the first co-defendant of this case, but which was agreed with the Plaintiff and withdrawn from the lawsuit) was ruled in favor of the Plaintiff on April 25, 2013 that “F would pay to the Plaintiff 145,000,000 won and 20% interest per annum from July 21, 2012 to the day of full payment” with respect to F’s payment agreement amount, 2013, 5184 (Counterclaim), and that “F would pay to the Plaintiff 145,00,000 won and 20% interest per annum from July 21, 2012 to the day of full payment.”
G filed an application for compulsory auction of real estate on July 12, 2013 for a compulsory auction of real estate in building, etc. located at H in Leecheon-si, which was owned by Suwon District Court W with the title of enforcement of the above judgment, and received a compulsory auction order from the above court.
(2) In relation to the instant auction procedure, the Plaintiff: (a) based on the original copy of the said judgment; (b) based on the original copy of the notarial deed with the executory power of No. 495, August 7, 2013, which was executed by a notary public against F on August 7, 2013 by a notary public against F on September 4, 2013; and (c) based on the authentic copy of the notarial deed with the executory power of No. 411, 2013, which was written by F on September 4, 2013 by a notary public against F on September 4, 2013; and (d) as a small lessee on September 11, 2013, Defendant C filed an application for a demand for distribution based on the executory power of No. 375, 2012, which was written by a notary public on December 18, 2013.
On the other hand, Defendant C participated on the date of sale of the instant auction procedure, and was decided to grant permission for sale as the highest price purchaser from the branch court of Suwon District Court on December 24, 2013, and the sale price on January 28, 2014.