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(영문) 대구지방법원 경주지원 2017.04.25 2016가단4467
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Daegu District Court Decision 2015Na1312 Decided October 28, 2015.

Reasons

1. Basic facts

A. On May 16, 2011, the Plaintiff purchased each land listed in the separate sheet 1 (hereinafter “each land of this case”) from Nonparty C and completed the registration of ownership transfer in the name of the Plaintiff on June 30, 201, after purchasing the land listed in the separate sheet 1(1) from Nonparty C.

B. As to each building listed in the attached Table 2 (hereinafter “each building of this case. Of each building of this case, approximately 19.4 square meters of housing extension, storage, and about 38.2 square meters of multi-use rooms are not entered in the entire registration certificate and the building ledger; hereinafter “instant house”), among the buildings in this case, the registration of ownership transfer is completed in the name of the Plaintiff on July 4, 201 after purchasing from Nonparty D on June 27, 201, and completing the registration of ownership transfer under the name of the Plaintiff on the same day after purchasing from the Plaintiff on August 21, 2013.

From August 21, 2013, the Plaintiff occupies each building of this case as its owner from August 21, 2013.

C. On March 4, 2014, the Defendant: (a) awarded a successful bid of each of the instant lands in the discretionary auction procedure for each of the instant lands; and (b) completed the registration of ownership transfer in the name of the Defendant on March 6, 2014.

In around 2014, the Defendant filed a lawsuit against the Plaintiff to claim the transfer of each of the instant land and the removal of the relevant ground buildings, etc., and lost the Plaintiff in whole, and the purport of the claim was modified to claim unjust enrichment equivalent to the land rent in the course of filing an appeal against the above judgment. On October 28, 2015, the Daegu District Court rendered a judgment that “the Plaintiff shall pay 5% interest per annum from August 8, 2015 to October 28, 2015, and the amount calculated at the rate of 20% per annum from the next day to the date of full payment, and the amount calculated at the rate of 60,235 won per annum from August 8, 2015 to the date of loss of ownership of each of the instant buildings listed in the attached Table 2 or from the end of the date of possession until the date of completion of each of the aforementioned buildings” (Article 2015Na1312, Dec. 11, 2015).

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