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(영문) 수원지방법원평택지원 2019.03.29 2018가단5381
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Suwon District Court Decision 2011Na33730 Decided July 5, 2012 is enforced on July 727.

Reasons

1. Facts of recognition;

A. The Defendant is a person who owns a building on the ground (hereinafter “instant building site”) of Pyeongtaek-si Co., Ltd. (hereinafter “instant building site”), and the Plaintiff is a person who owns a building on the ground above the instant building site (hereinafter “instant building”).

B. On July 5, 2012, the Defendant filed a lawsuit against the Plaintiff regarding the removal of the instant building, the delivery of the instant site, and the return of unjust enrichment regarding the occupancy and use of land. On the grounds that the Defendant’s claim for removal of the building and the claim for delivery of the site are legal superficies under customary law regarding the instant site, the Plaintiff is dismissed on the ground that they are legal superficies under the customary law regarding the instant site, and the appellate court’s judgment ordering the Plaintiff to pay to the Plaintiff the amount equivalent to KRW 331,000, monthly rent (U.S. District Court 201Na3730), and the said judgment (hereinafter “the final judgment of this case”) became final and conclusive on July 25, 2012.

C. Based on the instant final judgment, the Defendant filed an application for a compulsory auction on the real estate owned by the Plaintiff with the Suwon District Court D, and the decision to commence the auction was rendered on July 2, 2018.

(hereinafter referred to as “instant enforcement procedure”. D.

The Plaintiff deposited KRW 2,648,00 on the pretext of unjust enrichment from November 10, 2018 to June 2018, the District Court of Jung-gu on July 10, 2018, KRW 662,00 on the ground of unjust enrichment for August 7, 2018, No. 4380, the District Court of Jung-gu on August 21, 2018; KRW 662,00 on the ground of unjust enrichment for August 7, 2018; KRW 2346, the Suwon District Court of Suwon-gu on October 8, 2018; KRW 62,00 on the ground of unjust enrichment for September 7, 2018; KRW 2346, KRW 200 on the ground of unjust enrichment for September 26, 2018; KRW 2018, KRW 18,201, under the name of the District Court of 2018.218

E. Meanwhile, in relation to the execution procedure of this case, the Defendant paid 660,000 won for auction sale, 225,000 won for delivery, and 5,000 won for stamp.

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