(영문) 광주지방법원 2016.10.12 2015나13047

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(영문) 광주지방법원 2016.10.12 2015나13047

부당이득금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On September 28, 2011, the defendant filed a lawsuit against C (the father of the plaintiff), D (the mother of the plaintiff), and the plaintiff seeking the return of the loan by the 201Gaso2091 District Court of Gwangju District Court. On September 28, 2011, the above court rendered a judgment to the effect that "the defendant is jointly and severally liable for 15 million won and its delay damages, and the plaintiff and D jointly and severally pay 5 million won and its delay damages, respectively, and the above judgment was finalized around that time."

B. 1) On July 29, 2015, the Defendant filed an application for the seizure of the corporeal movables owned by the Plaintiff and C with the title of execution (2015No3460) in this Court. (2) The Plaintiff paid the Defendant a total of KRW 3 million, including KRW 2.5 million on August 14, 2015 and KRW 5 million on August 15, 2015, and C issued a certificate of registration right of KRW 8926 square meters on August 14, 2015, and the Defendant withdrawn the said seizure application on August 17, 2015.

C. However, the Defendant applied for a second attachment on August 24, 2015 (the claimed amount: KRW 5 million, interest rate of KRW 4,046,575) and paid the Defendant the full amount of the claim to the Defendant via an execution officer on September 7, 2015 to cancel the attachment (this Court 2015No3853).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 3, 5 and 6 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. While the Plaintiff paid KRW 3 million in the amount of the Defendant’s claim as in paragraph 1(c) with the Plaintiff’s payment of KRW 3 million as in paragraph 1(b), the Defendant is obligated to pay the Plaintiff KRW 3 million with the return of unjust enrichment.

B. Defendant 1-B’s KRW 3 million was paid by the Plaintiff in order to repay C’s claim for the judgment amount, and thus, it did not overlap.

C and the defendant shall receive the above three million won and shall be the forest land under one-half million won.

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