부당이득금
1. The defendant's compulsory execution against the plaintiff is denied based on the Daejeon High Court Decision 2013Na12004.
2. This.
1. Basic facts
A. The defendant is the plaintiff's female living together, and C is the plaintiff's male living together.
B. On November 19, 2009, the Plaintiff owned 15,779 square meters of D Forest land in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”) (hereinafter “instant land”) and completed the registration of transfer of ownership by selling 1/2 of the shares to C among the ownership on November 19, 2009.
C. On August 28, 2013, the Defendant filed a lawsuit against the Plaintiff as Daejeon District Court 2012Gahap102982, and was sentenced to the said court’s judgment that “the Plaintiff shall pay to the Defendant 146,043,300 won and interest calculated at the rate of 5% per annum from October 25, 2012 to August 28, 2013, and 20% per annum from the next day to the date of full payment” (hereinafter “relevant first instance judgment”).
Accordingly, the Plaintiff appealed and appealed as Daejeon High Court 2013Na12004, and on January 29, 2016, from the Daejeon High Court (the appellate court), the appellate court revoked the part against the Plaintiff in excess of the amount ordered to pay under the judgment of the first instance, and dismissed the Defendant’s claim corresponding to the revoked part. The Plaintiff paid 20 million won to the Defendant and 5% per annum from January 8, 2015 to January 29, 2016, and the amount calculated at the rate of 15% per annum from the next day to the day of full payment (hereinafter “relevant second instance judgment”). The Defendant appealed and appealed on June 9, 2016, but was dismissed on June 9, 2016.
When the judgment of the first instance court related to the amount of winning the defendant was sentenced to provisional execution, the defendant applied for a compulsory auction of real estate owned by the plaintiff including the land of this case in the name of debt, and the decision of commencement of compulsory auction procedure was made on January 9, 2014.
(F) of the Daejeon District Court;
On May 14, 2014, the Plaintiff concluded a sales contract that sells part of the instant land (9,590 square meters) to KRW 1,050,000,000.