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1. On January 9, 2018, the Defendant’s claim for return of unjust enrichment against the Plaintiff by the Seogu District Court Branch of the Daegu District Court 2017 tea2481.
Reasons
Basic Facts
On November 8, 2018, the Defendant received all the Plaintiff the rent of KRW 16,90,00 (hereinafter “instant rent”) incurred from the lease of the instant building from November 2016 to November 2017, with respect to real estate owned by the Plaintiff and the Defendant’s father, “The Plaintiff shall return to the Defendant as unjust enrichment,” and applied for a payment order under the court 2017 tea 2481, which was issued on January 9, 2018, with the amount of KRW 16,90,000 (hereinafter “the rent”) equivalent to the Defendant’s share in the building of this case (legal share of KRW 1/3) from November 2016 to November 2017. The Defendant paid the Defendant the amount of KRW 5,630,00 and the amount of KRW 10,000 calculated on October 15, 2018 to KRW 100 (the payment order was issued on January 9, 2018).
The building of this case is registered under C's name, and there is a plaintiff, defendant, and D as C's heir.
[Ground of recognition] In the event of a dispute, entry of Gap evidence No. 3, and a payment order for which judgment of the purport of the whole pleadings has become final and conclusive, the grounds for failure or invalidation, etc. arising prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). In the lawsuit of objection, the burden of proof as to the grounds for objection in the lawsuit of objection shall be in accordance with the principle of allocation of burden of proof in general civil procedure.
Therefore, when the plaintiff claims that the defendant's claim was not established in a lawsuit claiming objection against the final payment order, the occurrence of rights such as the plaintiff's claim is responsible for proving the fact of the cause of the claim, and the plaintiff's claim is invalid or extinguished as a false declaration of agreement.