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1. The Defendant’s unjust enrichment against the Plaintiffs, Suwon-si District Court Decision 2016Da103755 decided February 16, 2017.
Reasons
1. Facts of recognition;
A. On June 9, 2016, the Defendant filed a lawsuit against the Plaintiffs for the return of unjust enrichment (U.S. District Court Decision 2016DaDa1037555), and the said court rendered a judgment to the effect that “the amount calculated by the Defendant, the Plaintiff A, from April 22, 2016 to the date of the Defendant’s loss of ownership in the land indicated in the separate sheet, or the end of the Plaintiff A’s possession, shall be the amount calculated at the rate of KRW 51,416 per month, and the Plaintiff B, from April 222, 2016 to the end of the Defendant’s loss of ownership in the land listed in the separate sheet or the end of the Plaintiff’s possession until the date of the Plaintiff’s possession” (hereinafter referred to as “instant judgment”), and the said judgment became final and conclusive as is March 4, 2017.
B. According to the instant judgment, the Defendant as the principal deposit, and Plaintiff B repaid the Defendant’s liability for unjust enrichment up to June 29, 2017 by depositing each repayment deposit of KRW 183,39 (No. 4566, 2017) and KRW 13,833 (No. 5487, 2017) on June 29, 2017; and Plaintiff A repaid the Defendant’s liability for unjust enrichment up to June 29, 2017 by depositing each repayment of KRW 73,534 (No. 5486, 2017).
C. Meanwhile, around July 2017, the Plaintiffs repaid to the Defendant a postal money order equivalent to the amount of unlawful gains from June 30, 2017 to June 29, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the instant judgment remains as follows: (a) the amount calculated by the ratio of KRW 51,416 per month from June 30, 2018 to the date the Defendant lost his/her ownership in the land listed in the separate sheet to the end of his/her possession; and (b) the amount calculated by the ratio of KRW 13,833 per month from June 30, 2018 to the end of the date the Plaintiff lost his/her ownership in the land listed in the separate sheet to the end of his/her possession or the Plaintiff B’s possession.
B. Ultimately, the claim of this case shall continue to exist only within the extent that the plaintiffs are liable to pay the above amount to the defendant.