Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

1. Basic facts

A. On December 11, 2015, the Defendants acquired ownership of each real estate listed in the separate sheet as a successful auction of real estate and acquired ownership of 1/2 shares.

(b) On the ground of the land listed in paragraph 1 of the attached list, there is a building listed in Paragraph 2 of the same Schedule, and there is a building listed in Paragraph 3 of the same Schedule on the ground of the land listed in

(hereinafter referred to as “instant land” by aggregating each land described in paragraphs (1) and (3) above.

Plaintiff

And D et al. had occupied a building on the land of this case before the Defendants acquired ownership of the land of this case.

From around 2016, the Defendants filed a lawsuit against the Plaintiff, D, etc. seeking return of unjust enrichment due to the delivery and possession of the building.

(Seoul Northern District Court 2016Ga138289). On July 5, 2017, the above court rendered a judgment on July 5, 2017, stating that “the plaintiff and D deliver to the Defendants the building occupied by the land of this case, and jointly pay to the Defendants the amount calculated at the rate of KRW 1,945,101 per month from December 11, 2015 to December 10, 2016, and KRW 1,971,605 per month from December 11, 2016 to the delivery date of the above occupied building (hereinafter “prior judgment”). The preceding judgment became final and conclusive on July 25, 2017.

The Plaintiff, on August 31, 2017, remitted to Defendant B’s account KRW 70,00,000,000, and KRW 10,000,000 on September 11, 2017, and KRW 14,00,000 on September 14, 2017, paid to the Defendants each of the total amount of KRW 45,00,000 ( KRW 70,000 x 1/2) (10,000 x 10,000 x 1/2) (1/2) (10,000 x 1/2).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted that the plaintiff paid 45,000,000 won each to the defendants for the repayment of debts according to the preceding judgment, and since the actual amount of debts according to the preceding judgment is KRW 40,322,455, respectively, the defendants are deemed to return unjust enrichment to the plaintiff.