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1. The defendant's judgment against the plaintiff was final and conclusive in Daejeon District Court No. 2015 money3100 ( Daejeon District Court 2014Na17679).
Reasons
1. Basic facts
A. The Defendant completed the registration of transfer of ownership on November 25, 2013 with respect to the land of 1,944 square meters prior to Seosan-si, E, 625 square meters prior to F, and D forest land of 9,840 square meters (hereinafter the above land shall be specified as its parcel number, and if combined, it shall be referred to as “each of the instant land”).
B. Meanwhile, around October 2005, the Plaintiff planted trees by leasing each of the instant lands, etc. from G. On the other hand, the Defendant, who completed the registration of ownership transfer with respect to each of the instant lands, filed a lawsuit against the Plaintiff seeking a return of unjust enrichment equivalent to the rent calculated at the rate of KRW 1,035,580 per month from November 25, 2013 to November 25, 2013 (Seoul District Court Seosan Branch Branch 2014Da4349) and received a favorable judgment on November 14, 2014.
C. The appellate court of the instant case [the Daejeon District Court No. 2015ss. 2015s. 20100 ( Daejeon District Court 2014Na17679)] rendered a decision in lieu of conciliation (hereinafter “instant compulsory conciliation”) as follows, and the instant compulsory conciliation was finalized on April 22, 2015.
① By December 31, 2016, the Defendant (the Plaintiff in this case, hereinafter the same shall apply) collected trees of each of the instant lands from the Plaintiff (the Defendant in this case, c., the same shall apply to the Defendant in this paragraph) and delivered each of the instant lands to the Plaintiff. If the Defendant fails to perform his/her duty of collecting trees, the ownership of the said trees may be transferred to the Plaintiff at the Plaintiff’s option, or the Plaintiff may act on behalf of the Plaintiff. In the latter case, the Defendant shall pay to the Plaintiff the expenses for collecting trees and damages for delay at the rate of 20% per annum from the date of payment to the date of full payment.
(2) The Defendant shall pay the Plaintiff KRW 19,658,440 on April 30, 2015 and KRW 10,000 on May 31, 2015, respectively. If the Defendant delays the implementation thereof, the Defendant shall pay the Plaintiff KRW 19,658,440 on April 30, 2015.