1. The Seoul Central District Court Decision 2016Kadan5174380 decided on the Defendant’s network D, the above court court court court clerk.

Facts of recognition

On May 23, 2017, the Defendant filed a lawsuit against D seeking unjust enrichment against D, Seoul Central District Court Decision 2016Da5174380, which rendered a judgment on May 23, 2017 that “D shall pay to the Defendant 56,621,120 won per annum from June 10, 2016 to April 21, 2017, and 15% per annum from the next day to the full payment date.” This judgment became final and conclusive on April 16, 2018.

D On March 14, 2018, the wife died and the heir is the Plaintiff, F, G, and H.

On May 23, 2018, the defendant obtained the succession execution clause (hereinafter referred to as "the succession execution clause of this case") from the senior court clerk of the Seoul Central District Court as the plaintiff from the deceased D's successor (the inheritance shares 3/9).

On September 12, 2018, based on the instant succeeding execution clause, the Defendant received a decision to commence the compulsory sale of real estate on real estate with respect to J apartment Kho-ho 84.60 square meters owned by the Plaintiff as the Gwangju District Court Macheon-si I.

(hereinafter “Compulsory Execution”). On June 13, 2018, the Plaintiff filed an application for the approval of the inheritance limited acceptance with the Gwangju District Court 2018 Madan1080, Gwangju District Court 2018, and received the adjudication on the inheritance limited acceptance on September 18, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and the facts of the above recognition as to the purport of the entire argument, it is reasonable to deny compulsory execution on May 23, 2018 on the part exceeding the scope of the property inherited by the plaintiff from the deceased D among compulsory execution based on the succession execution clause that the above senior court clerk E granted the plaintiff as the deceased's successor on May 23, 2018.

Furthermore, the Plaintiff applied for approval of the limited amount of inheritance on June 13, 2018 and received the repair trial on September 18, 2018. Although the Plaintiff filed an application for the suspension of compulsory execution on September 21, 2018, the Defendant suffered significant pain due to the Defendant’s failure to withdraw or suspend the compulsory execution of this case, and thus, the Defendant committed a tort against the Plaintiff.