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(영문) 서울남부지방법원 2017.04.06 2016가단30535
청구이의
Text

1. The defendant's decision on recommending reconciliation in the case No. 2014Na517 against the plaintiff is based on the original copy of the Seoul Southern District Court's decision.

Reasons

1. Basic facts

A. The Defendant filed a claim against the Plaintiff for extradition and the claim for restitution of unjust enrichment against the 8th floor No. 803 (hereinafter “instant officetel”), among the buildings of the 15th floor neighborhood living facilities and officetels on the 15th floor in Yeongdeungpo-gu Seoul, Seoul, but received the Seoul Southern District Court Decision 2013Kadan4283, which subsequently accepted the claim in its entirety. Accordingly, in the case of Seoul Southern District Court 2014Na5147, the lower court, which appealed by the Plaintiff, issued a decision of recommending reconciliation as of May 19, 2014, and became final and conclusive around that time.

① The Plaintiff shall deliver the instant officetel to the Defendant by June 30, 2014.

② In the event that the Plaintiff fulfills the duty to deliver the above Paragraph (1), the Defendant is exempted from the obligation to pay the Plaintiff unjust enrichment equivalent to the rent calculated in proportion to KRW 917,00 per month from August 1, 2012 to the delivery date.

③ In the event that the Plaintiff fails to perform the duty of delivery under the above Paragraph (1), the Plaintiff shall pay to the Defendant unjust enrichment equivalent to the amount of rent calculated in the ratio of KRW 917,00 per month from August 1, 2012 to the delivery date.

B. On June 29, 2014, the Plaintiff removed from the instant officetel.

C. However, after the Plaintiff removed, the instant officetel began to be occupied by both the Plaintiff and the Defendant, and the Defendant was delivered the instant officetel from C and D around October 6, 2016.

On the ground that the Defendant did not receive the instant officetel from the Plaintiff until June 30, 2014, the Defendant filed an application with the Plaintiff for a collection order of the claim for the payment of the amount calculated by the ratio of KRW 917,000 per month from August 1, 2012 to the delivery date of the instant officetel, and filed an application with the Plaintiff for a collection order of the claim for the seizure of the claim with the claim claim, and issued the collection order of the claim under the Incheon District Court Branch Branch Office 2016TTT31, May 9, 2016, and the said order was served on the Plaintiff on May 12, 2016.

[Grounds for recognition] Gap 1 to 10 evidence, the whole purport of the pleading

2. The parties' assertion

A. The Plaintiff at the time of June 29, 2014.

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