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(영문) 춘천지방법원영월지원 2020.09.16 2019가단10199

청구이의

Text

1. The Defendant’s judgment on the return of unjust enrichment against the Plaintiff was rendered by the Chuncheon District Court on October 26, 2016.

Reasons

1. Basic facts

A. On September 20, 2011, the defendant filed a lawsuit against the plaintiff et al. for claiming return of unjust enrichment from illegal possession of a commercial building in Chuncheon District Court (201Da4563). The plaintiff et al. filed a counterclaim against the plaintiff et al. for return of unjust enrichment under the same court's 2012da1523. On November 7, 2012, the above court rendered a ruling dismissing all the principal suit and counterclaim, and the appellate court [Scheon District Court 2012Na6534 (principal suit), 2012Na6541 (Counterclaim)] decided on July 26, 201. However, the court rendered a final judgment against the plaintiff et al. from the date following the final judgment of 2013Da65925 decided on December 24, 2014 to the date of 201, the court reversed the final judgment of 201,000 won to the 201.5.281.

(2) In relation to each of the instant cases, the Defendant filed an application for the determination of the amount of litigation costs with the Chuncheon District Court’s Young-gu Branch No. 2017Kao-30, and the said court rendered a decision to determine the amount of litigation costs as KRW 2,612,893 on January 16, 2018, and the said decision became final and conclusive on January 29, 2018.

(3) Based on the original copy of the final judgment in this case and the original copy of the final judgment in this case, the Defendant applied for a compulsory auction for the purpose of the Chuncheon District Court’s Young-gun Factory D (the claimed amounting to KRW 45,781,502) = Interest and delay damages from October 1, 201 to February 12, 201, and interest and delay damages from KRW 13,363,364 under the final judgment in this case.