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(영문) 서울중앙지방법원 2015.12.17 2015가단84164
청구이의
Text

1. The Defendant’s return of unjust enrichment against the Plaintiff by Seoul Central District Court Decision 2013Da262014 (Counterclaim) Decided January 16, 2015.

Reasons

1. Presumed factual basis

A. On January 16, 2015, the final and conclusive judgment between the plaintiff and the defendant filed a lawsuit against the plaintiff claiming return of unjust enrichment (Counterclaim). On August 5, 2006, with respect to KRW 77,816,453 and KRW 368,075 among them, the above court rendered a judgment in favor of the plaintiff, which rendered a judgment that "the plaintiff shall pay 5% per annum for KRW 41,585,789 from July 26, 2008 to April 8, 2009 to January 16, 2015 to the defendant, and 20% per annum for KRW 368,075 (hereinafter "the judgment of this case"), and the judgment of this case became final and conclusive around that time."

B. The Plaintiff’s repayment deposit 1) On April 17, 2015, with the Defendant as the principal deposit, the Plaintiff deposited KRW 106,829,355 (hereinafter “the first deposit”) in total with the principal and interest obligation and the execution cost based on the judgment of this case as prescribed by the Supreme Court No. 8288 in 2015.

(2) On November 9, 2015, the Plaintiff deposited KRW 340,072 as the remainder of the judgment principal and interest based on the instant judgment (hereinafter “the second deposit”) with the Defendant as the principal and interest deposited in this Court No. 24667, no. 2015.

3) The Defendant reserved and received an objection to KRW 106,829,355 of the instant first deposit. C. The Defendant’s compulsory execution 1) filed an application for compulsory auction against the Plaintiff’s real estate under the instant judgment with the Youngcheon District Court Young Branch C, and received compulsory auction order from the said court on February 23, 2015.

2) The costs of enforcement due to the above compulsory auction procedure are KRW 1,642,462 around the date of the first deposit of this case. [The grounds for recognition] Gap evidence 1 to 4 (each entry including each number, the inquiry results on the Youngcheon District Court's Young Branch's Military Branch's Military Branch's Military Branch's Military Branch's Military Branch's Military Branch'

2. According to the above facts of recognition, KRW 106,829,355 of the instant first deposit is in the order of statutory appropriation for performance under Article 479 of the Civil Act.

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