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(영문) 인천지방법원 2016.02.02 2015가단227146
청구이의
Text

1. The defendant's statement of unjust enrichment in the Incheon District Court 2014Kadan22712 against the plaintiffs is based on the protocol for mediation of unjust enrichment.

Reasons

(4) In full view of the purport of each statement in Gap evidence Nos. 1 through 7 (including virtual number), the defendant deposited KRW 2/19.6 of the 2/199m2 in the Incheon District Court 2014Da22712 (hereinafter "related case") against the plaintiffs, and the defendant deposited KRW 880,000,000 to the defendant, as well as the 2/19.6m2 of the 2/19.6m2 in Incheon Bupyeong-gu, Incheon (hereinafter "the land of this case") until April 30, 2015, and the defendant again deposited KRW 860,000 to the defendant by April 30, 2015, and the defendant did not deposit KRW 168,000 to the defendant for a compulsory auction, and the defendant shall pay KRW 3,696,000,000 to the defendant for the same reason that he/she again deposited the land of this case pursuant to the conciliation procedure.

According to the above facts, since the plaintiffs' monetary obligation to the defendant under the mediation protocol was all extinguished by the deposit for repayment, it is reasonable to deny compulsory execution under the mediation protocol for the related case.

Therefore, we decide to accept all the claims of the plaintiffs.

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