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(영문) 부산지방법원 2014.09.18 2014가합7158
청구이의
Text

1. The defendant's statement of the case of return of unjust enrichment against the plaintiff is based on the conciliation protocol of the case of return of unjust enrichment by the court 2010da125945.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are co-owners (each of 1/2 shares of each of the instant real estate) of the 331.8 square meters (hereinafter “instant building”) in the second class neighborhood living facilities of the 2nd class of the Golllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllle, Changwon-si, Seoul (hereinafter “instant building”) and the instant building site was combined with the instant building site, and the Defendant operated the instant building with the trade name “D frequency group.”

B. In this case’s return of unjust enrichment against the Plaintiff, the court 2010Kadan125945 filed against the Defendant, which was August 26, 201, the amount calculated by the percentage of 20% per annum from December 1, 2011 to the date of full payment. 2. The Defendant shall pay to the Plaintiff the amount calculated by the percentage of KRW 1 million per annum from August 27, 2011 to the date of removal of the building of this case. “Adjustment was established.”

(hereinafter referred to as the “instant protocol of mediation”) the protocol of mediation prepared following the above mediation is C.

On April 12, 2013, according to the original copy of the instant protocol with executory power, the Defendant filed an application for a compulsory auction against the Plaintiff’s share in each of the instant real estate and commenced the auction procedure in the Changwon District Court E case.

(hereinafter “instant auction”). D.

In the auction procedure of this case, the Defendant spent a total of KRW 1,845,600 (i.e., KRW 1.., KRW 1,50,00 KRW 1,50,00 KRW 6,600 KRW 1,500 KRW 1.59,600 KRW) as the execution cost. As of the date of closing argument of this case, the remainder of KRW 85,860 (i.e., court custody amount of KRW 716,100 KRW 139,760) remains.

E. On June 26, 2013, the Plaintiff paid KRW 66.5 million to the Defendant for the repayment of obligations under the above protocol of mediation.

hereinafter referred to as "the repayment of this case"

(i) [Ground for recognition: Fact that there is no dispute, the purport of whole pleadings;

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1 is that the obligation under the conciliation protocol of this case is KRW 66.5 million and that is paid to the plaintiff, the court below held the auction of this case.

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