(영문) 수원지방법원 2017.01.18 2016나56967

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(영문) 수원지방법원 2017.01.18 2016나56967

부당이득금반환

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1. Revocation of a judgment of the first instance;

All of the plaintiff's counterclaims claim and the defendant's counterclaims claim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed facts

A. The registration of ownership preservation under the name of the Diplomatic Association (hereinafter referred to as the “Diplomatic Association”) was completed on December 17, 1996. However, the Defendant’s real estate owned by the Defendant, who purchased on October 23, 2014, and completed the registration of ownership transfer on the same day as the registration of Liwon District Court’s Eunpyeong Housing Site Costs, after purchasing on October 23, 2014 from the Liwon District Court’s auction procedure.

B. On March 18, 2015, according to an order to deliver the above land and a building on the ground of the above land to the Plaintiff on October 28, 2014 upon the Defendant’s request, the execution officer of the Suwon District Court, entrusted delivery execution, prepared a list of corporeal movables in the church building and kept corporeal movables in custody by the Defendant.

C. Meanwhile, the movables listed in the separate sheet (hereinafter “instant movables”) on the second floor of a church among the said corporeal movables were owned by the Plaintiff and were in custody of the second floor of a church upon obtaining permission from the representative of the Diplomatic Association. However, on April 13, 2015, the Plaintiff notified the Defendant that the instant movables were owned by the Plaintiff, and that the instant movables were not owned by the Diplomatic Association representative G around April 13, 2015.

After receiving the decision to permit an auction of corporeal movables other than the object, the Defendant applied for an auction of the instant movables to the execution officer belonging to the Suwon District Court on the basis of the decision.

On July 29, 2015, the Defendant reported the purchase of KRW 1,075,00 on the auction date, and became the highest price buyer, and paid in full the sales price.

On the same day, KRW 979,150 of the execution cost was paid to the defendant, and KRW 95,850 of the remaining surplus was distributed to the Diplomatic Council.

(e) The rent that does not exist for the second floor of the church that is calculated by applying the hostile method; and

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