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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport:
Reasons
1. In the first instance court, the Plaintiff asserted that the Defendant suffered losses from the sale of the Plaintiff’s real estate and movable property due to non-performance of compulsory execution based on the authentic copy of a notarial deed and compulsory execution based on the above notarial deed. The Plaintiff filed a claim for return of unjust enrichment of KRW 247,70,970 due to a tort claim, and the Defendant filed a preliminary claim for return of unjust enrichment of KRW 3,345,327 based on the notarial deed. The court of first instance cited the portion of the claim for non-performance of compulsory execution and the part of claim for restitution of unjust enrichment, and dismissed the part of claim
In this regard, the only part of the claim for damages caused by illegal acts is subject to the judgment of this court, because it is apparent that only the plaintiff has filed an appeal.
2. Facts of recognition;
A. On September 28, 2012, the Defendant’s authentic deed issued by the Defendant from the Plaintiff’s wife C and D, who is the Plaintiff’s wife C and Isia, with the law firm in 2012 No. 4277, and the Defendant, on the same day, lent KRW 40 million to the Plaintiff on December 31, 2015, with the due date set at ten percent per annum of interest. In the event that the Plaintiff fails to perform the said obligation, the Defendant was immediately drafted a authentic deed of money loan agreement with the Plaintiff, the joint guarantor, with C (hereinafter “instant authentic deed”).
B. The Defendant’s compulsory execution, etc. 1) Based on the instant notarial deed, the Defendant shall carry out each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate” in the attached sheet, and if part of the real estate is named, it shall be specified in the attached
(2) On May 10, 2013, upon filing an application for commencement of compulsory execution procedures, a decision to commence compulsory sale of real estate on each real estate attached to the Jeonju District Court H was rendered on May 10, 2013.