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The judgment of the first instance court is modified as follows. A.
Of the instant lawsuit, the Suwon District Court against the Defendant’s Plaintiff on December 2018.
Reasons
1. Facts of recognition;
A. On April 14, 2015, E filed a lawsuit against the Plaintiff, etc. for the claim for restitution of unjust enrichment. On June 6, 2013, E confirmed that: (a) the Plaintiff paid to E money calculated at the rate of KRW 52,728 won per annum from December 13, 2013 to May 28, 2014; and (b) the amount calculated at the rate of KRW 52,728 won per annum from June 6, 2013 to June 27, 2013 to June 28, 2014; and (c) the amount calculated at the rate of KRW 52,728 won per annum from June 6, 2013 to May 28, 2014 to June 27, 2013.
(Seoul Western District Court Decision 2012Ga9259 Decided May 28, 2014; Supreme Court Decision 2014Na3775 Decided November 20, 2014; Supreme Court Decision 2014Da90089 Decided April 9, 2015; and Supreme Court Decision 2014Da9089 Decided April 9, 2015; hereinafter “prior judgment”); E transferred the F land share on January 6, 2016.
B. E applied for a determination of the amount of litigation costs against the Plaintiff in relation to the preceding judgment, and received a determination that the Plaintiff’s reimbursement amounted to KRW 939,098, which became final and conclusive on April 16, 2016.
(Seoul Western District Court 2015Kada270, 2015Ra219, hereinafter referred to as the "Chobu District Court 2015Kada219, hereinafter referred to as the "Chobu case").
D With respect to the claim KRW 20,000,000, based on the decision in lieu of the executory conciliation of the case, such as the registration of ownership transfer, etc., against E, as the claim claim amounting to KRW 20,000,000 among the judgment bond against the plaintiff of E, the court applied for the seizure and collection order of the claim to transfer the provisional seizure to the main seizure under the same court 2015TT8066. The above court accepted D’s application on July 1, 2015, issued the seizure and collection order of the claim (hereinafter “the seizure and collection order of the prior claim”), and the above seizure and collection order around that time.