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1. The Defendant’s compulsory execution against the Plaintiff based on this Court Decision 2009Gahap2674 Decided July 7, 2010 is denied.
Reasons
1. Basic facts
A. On October 18, 2005, while the Plaintiff was elected as the representative of the Defendant on May 2, 2004, the Plaintiff continued to keep the building owned by the Defendant on the lease on October 18, 2005, and the lease deposit amount, which was KRW 16 million on October 24, 2005, KRW 84 million on November 1, 2005, and KRW 100 million, while refusing to return it to the Defendant.
B. Accordingly, the Defendant filed a lawsuit against the Plaintiff for unjust enrichment under this Court 2009Gahap2674, and on July 7, 2010, the Defendant rendered a judgment against the Plaintiff that “the Plaintiff shall pay 5% per annum to the Defendant from October 31, 2008 to July 7, 2010, and 20% per annum from the next day to the day of full payment” (hereinafter “the instant judgment”). The Plaintiff appealed and appealed, but all of the appeals were dismissed, and the said judgment became final and conclusive on May 14, 2012.
C. On May 15, 2013, the Plaintiff was punished by imprisonment with prison labor for eight months on May 15, 2013, and the Plaintiff appealed to Suwon District Court 2012 Godan4752 and was sentenced to a suspended sentence of two years on September 25, 2013. The Plaintiff appealed to the Suwon District Court 2013No2402, and was dismissed by Supreme Court Decision 2013Do12976, which became final and conclusive on December 26, 2013.
On December 4, 2013, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff (hereinafter “instant auction”) to the Seoul Eastern District Court in accordance with the judgment of this case, and started the auction procedure.
E. Meanwhile, on the other hand, on June 11, 2013, the Plaintiff: (a) the Defendant as the principal deposit; (b) KRW 69,00,000,000 in gold 210 in 2013; and (c) KRW 29,00,000 in gold 2254 in 2013; and (d) September 25, 2015, the Plaintiff issued gold 3058 in 2015 as 3058 in gold 2015; and (b) October 30, 2015 in this Court.