beta
(영문) 대전지방법원서산지원 2014.08.12 2014가단2015

청구이의

Text

1. The Defendant’s Seosan Branch of Daejeon District Court (Seoul District Court Branch Office), January 18, 201, No. 2011, No. 9958, the main office of the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. On January 18, 2013, the Defendant filed a counterclaim against the Plaintiff for the return of unjust enrichment with the Daejeon District Court Branch Decision 201Gau958, and the Plaintiff filed a counterclaim against the Defendant for the return of unjust enrichment with the same court (2012Gau4653), and on January 18, 2013, the Defendant paid 10,31,187 won to the Defendant and 8,000,000 won to the Defendant from December 22, 2011, 2,311,187 won from June 19, 201 to January 18, 2013, and from the next day to the day of complete payment, the Defendant received 5% annual amount from the Defendant to the day of complete payment, and the Defendant received 11,195,000 won from the day of complete payment to the day of complete payment, and thus, paid 20% of the Plaintiff’s annual amount from the date of final payment of each of the instant appeal.

B. On November 26, 2013, the Defendant deposited KRW 820,729 as the Seosan Branch of the Daejeon District Court (Seoul District Court) No. 1386, Seosan Branch of the Daejeon District Court with the Plaintiff as the principal deposit.

C. On February 19, 2014, the Plaintiff collected KRW 4,896,643 upon receiving a claim seizure and collection order from the Defendant’s deposit claim under Seosan Branch of Daejeon District Court 2013TTT3624, with the title of execution of the instant judgment as the title of execution.

The defendant filed an application for a compulsory auction on the motor vehicle in the attached Form "Indication of Motor Vehicle" owned by the plaintiff (hereinafter referred to as the "motor vehicle in this case") with the title of execution, and carried out the auction procedure as Seosan Branch C of the Daejeon District Court (hereinafter referred to as the " compulsory execution of this case

E. For the enforcement of the instant case, the Defendant spent KRW 1,086,70 as the auction and the prepayment for vehicle delivery ( = 400,000 won = 564,700 won), KRW 162,50 as the service charge, KRW 15,00 as registration and license tax, KRW 130,00 as the service charge, and KRW 130 as a clerk, and the balance of the auction deposit and the service charge that the Defendant is entitled to refund at present is KRW 685,350.

F. The Plaintiff on February 2014