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1. Ulsan District Court Decision 2010Da37263 decided August 31, 201; Supreme Court Decision 2010Da37263 decided August 23, 2012.
Reasons
The following facts are acknowledged in full view of facts not disputed between the parties, Gap evidence 1 through 13, Eul evidence 1, 2, Eul evidence 3-1, 2, Eul evidence 4-1 through 5, Eul evidence 5-1 through 4, and the purport of the whole pleadings:
① The Defendant filed a lawsuit against the Plaintiff, etc. seeking unjust enrichment with the Ulsan District Court 2010Da37263, and the said court rendered a favorable judgment against the Defendant on August 31, 2011.
On August 23, 2012, the appellate court of the above judgment (the same court 201Na5882) rendered a judgment revoking part of the above first instance judgment.
The above appellate judgment became final and conclusive after the judgment.
② The Defendant filed a lawsuit against the Plaintiff, etc. seeking unjust enrichment by Ulsan District Court 2012Gahap8389, and the said court rendered a favorable judgment against the Defendant on July 11, 2013.
③ On January 7, 2013, the Plaintiff filed a lawsuit of demurrer against the Defendant with the Ulsan District Court (2013da521), and the said court rendered a judgment in favor of the Plaintiff on November 20, 2013.
On August 27, 2014, the appellate court (the same court 2013Na6957) rendered a judgment to revise the above first instance judgment.
The above appellate judgment became final and conclusive after the judgment.
④ The Defendant filed an application for the determination of the amount of litigation costs with the Ulsan District Court Decision 2013Kao60, and the said court rendered a decision on July 9, 2013 to determine the amount of litigation costs of the said cases.
The Defendant filed an application for the determination of the amount of litigation costs with Ulsan District Court Decision 2014Kao-112, and the above court rendered a decision on April 7, 2014 to determine the amount of litigation costs in the above court Decision 2012Da36677, 2013Na4128.
⑤ The Defendant filed an application for compulsory auction with the Ulsan District Court E, F, and G on the basis of the aforementioned paragraphs (1) through (4) judgment and determination, with respect to the housing owned by the Plaintiff, 274m2, D, 737m2 and its ground.
(6) On January 3, 2013, November 18, 2013, 2013, September 11, 2014, and April 24, 2015, the Plaintiff deposited all the judgment money and the decision money set forth in the above paragraphs (1) through (4).
The above facts of recognition.