부당이득금반환
1. The Defendant shall pay to the Plaintiff KRW 28,620,559 and the interest rate of KRW 15% per annum from December 29, 2015 to the date of full payment.
1. Basic facts
A. On October 9, 2012, the Defendant applied for a payment order against the Plaintiff seeking payment of KRW 10,780,534 from the Cheongju District Court, 2012, Jeonju District Court, 186, and KRW 10,000 among them, and received payment order on October 26, 2012. The above payment order became final and conclusive on October 26, 2012.
Based on the executory order of the above case, the defendant applied for a compulsory auction of real estate of 417 square meters (value of appraisal 1,417,800 won) owned by the plaintiff and completed the procedure of compulsory auction. The defendant was issued a collection order of seizure and collection against the plaintiff's salary, etc. against the Dongyang-gun District Court 2013Tu2891, Cheongju District Court 201.
B. In addition, based on the executory payment order in the loan case No. 2012, 188, Cheongju District Court, Cheongju District Court, 2012, Cheongju District Court, 2015Tari84, issued a collection order for the Plaintiff’s salary, etc. for the Eastyang Co., Ltd., Ltd.
C. The Defendant collected KRW 27,202,759 through the seizure and collection order of each of the claims under Cheongju District Court 2013TTT 2891 and Cheongju District Court 2015TTT 84.
The Plaintiff filed a suit against the Defendant as Cheongju District Court No. 2012Da186, Cheongju District Court No. 2013da24, Cheongju District Court No. 2013, Cheongju District Court No. 2013Da188, Cheongju District Court, Cheongju District Court, Cheongju District Court No. 2011, Cheongju District Court, Cheongju District Court, Cheongju District Court, Cheongju District Court No. 2015Kadan11, and the above winning judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings
2. According to the above facts of recognition, the defendant's receipt of dividends or collection in the compulsory execution procedure constitutes a case where the defendant received dividends or collection was conducted as a person who is unable to receive dividends or collection, and thus, received dividends or collection.