청구이의
1. The Defendant’s payment order against the Plaintiff is the order for return of unjust enrichment in the case of return of unjust enrichment against the Defendant.
1. Facts of recognition;
A. On May 23, 2016, the Defendant applied for a payment order against the Plaintiff as the Seocho District Court Branch Branching 2016 tea243, and filed a payment order against the Plaintiff on May 23, 2016, the Defendant received a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay 30,000,000 won and the amount equivalent to 15% per annum from the day following the day when the original copy of the instant payment order was served to the Defendant (e.g., May 31, 2016) to the day of complete payment, and KRW 43,600 as expenses for demand procedure (hereinafter “instant payment order”). The said payment order was finalized on June 14, 2016.
(hereinafter referred to as the “instant payment order”), which became final and conclusive, B.
On September 7, 2016, the Defendant applied for compulsory auction on the real estate owned by the Plaintiff on the basis of the instant payment order (cand 238 square meters, etc. at the beginning of the Sinsi District Court), and received a decision to commence compulsory auction on September 7, 2016.
C. On October 5, 2016, the Plaintiff deposited KRW 33,086,282 as follows with the Defendant as the Defendant’s deposit account at the Chuncheon District Court’s Sucheon District Branch Branch No. 358 in 2016.
Expenses for the demand procedure of the principal of KRW 30,00,000 (interest calculated by the rate of 15% per annum from May 31, 2016 to October 5, 2016) interest of KRW 1,578,082 (interest for KRW 30,00,000): 43,60 for auction execution expenses of KRW 40: KRW 1,464,60 for 1,460 for 1,460 for 111,00 for application fees of KRW 5,00 for registration of KRW 111,00 for 1,264,60 for 3,00 for 3,00 won for 3,00 won for auction sale of KRW 1,264,60 for 3,00 for 3,00 for 3,086,282 for / [Recognition grounds] for / [Attachment] for 33,086,282 for each of the pleadings
2. According to the above facts of recognition, since all debts indicated in the payment order of this case were extinguished due to the plaintiff's repayment deposit, and the execution expenses were fully repaid, compulsory execution based on the payment order of this case shall be dismissed.
In this regard, the defendant alleged to the effect that he did not receive reimbursement of KRW 263,00 among the execution cost, but the purport of the whole pleadings is as stated in the evidence Nos. 1 through 3.