청구이의
1. Compulsory execution against the Defendant’s Plaintiff by Busan District Court Decision 2013Da71216 Decided November 14, 2014 is 440.
1. Facts of recognition;
A. On November 24, 2014, the Busan East-gu District Court 2013da71216 decided November 24, 2014, on the ground that part of the building on the ground that the Plaintiff owned the instant land on the land owned by the Defendant and D (hereinafter “instant land”), the Plaintiff paid money calculated at the rate of KRW 4,884,850 incurred from January 1, 2003 to December 31, 2013 and KRW 37,765 won from January 1, 2014 to the completion date of the delivery of the said occupied part of the instant land. The judgment became final and conclusive at that time.
B. The Plaintiff transferred the ownership of the instant building to F on December 6, 2013, which was before the closing of argument in the instant case No. 2013dan71216, supra.
Defendant and D transferred each of the co-ownership shares of the instant land to another person on January 20, 2017.
C. The Defendant filed a lawsuit against F with the Busan District Court 2016Kadan52339 on the ground that F had occupied part of the instant land owned by the Defendant and D from December 6, 2013, on which it acquired the ownership of the instant building, and sentenced F to the judgment on August 8, 2017, “F transferred its claim for return of unjust enrichment from D) to the Defendant (the Defendant acquired the claim for return of unjust enrichment from D), and paid the amount of unjust enrichment equivalent to the rent from December 6, 2013 to January 19, 2017,” and the said judgment became final and conclusive around that time.
F on August 31, 2017, F repaid to the Defendant the principal and interest of KRW 1,462,003 according to the above Decision No. 2016Ga5239.
The Defendant filed an application for a compulsory auction against the Plaintiff’s property with Busan District Court Dong Branch G, Busan District Court for compulsory auction on December 11, 2018, with the claim amounting to KRW 4,884,850 and KRW 37,765 per month from January 1, 2014 to the completion date of delivery of the above occupied portion as executive title, and the judgment of the instant case No. 71216.