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(영문) 서울남부지방법원 2019.01.31 2018가합110593

청구이의

Text

1. The Defendant’s Seoul Southern District Court Decision 2016Kahap109841 decided September 29, 2017 and the Seoul High Court.

Reasons

1. Basic facts

A. On September 29, 2017, the Defendant filed a lawsuit against the Plaintiff for the return of unjust enrichment and the claim for reimbursement against the Plaintiff, and received a judgment on September 29, 2017, “the Plaintiff shall pay the Defendant 383,742,00 won and 353,742,00 won per annum from January 28, 2017 to September 29, 2017; the amount calculated at the rate of 15% per annum from the next day to the date of full payment; the amount of 30,000,000 won calculated at the rate of 15% per annum from July 14, 2017 to September 29, 2017 to the date of full payment; the Plaintiff shall be dismissed from the Seoul Southern District Court to the date of full payment; and the Plaintiff shall be dismissed from the appellate court to the date of full payment; the Plaintiff’s judgment shall be 15% per annum and 175% per annum from the appellate court’s judgment to the first fiveth day.”

(Seoul High Court Decision 2017Na2064348, hereinafter referred to as "the second instance judgment of this case"). (b) The final judgment of this case is referred in common to the judgment of the first instance court of this case.

The Defendant filed a compulsory auction against the Plaintiff regarding all of the Plaintiff’s shares among the Plaintiff’s premises and building on the land and building on the land of Seocheon-si, Incheon District Court on November 1, 2017, and filed a compulsory auction order for all of the Plaintiff’s shares on November 1, 2017. On December 6, 2017, the Defendant filed an application for a compulsory auction for all of the Plaintiff’s shares among the land F in the land E and Jeonnam-do, Jeonnam-do, and filed an application for a compulsory auction for all of the Plaintiff’s shares on December 6, 2017.

C. The Defendant received dividends of KRW 14,959,295 on April 25, 2018 from the procedure for compulsory auction of real estate (Seoul Southern District Court I; hereinafter “instant auction case”) for the Plaintiff’s shares among H land and building in Yangcheon-gu Seoul Metropolitan Government, and the Seoul Southern District Court on August 29, 2018.