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1. The defendant's execution of the claim for unjust enrichment against the plaintiff in Suwon District Court 2013Na52124.
Reasons
1. Facts of recognition;
A. In the case of Suwon District Court Decision 2013Na52124 decided November 26, 2015, the Defendant filed a claim against the Plaintiff for unjust enrichment, “C, and D, each of which was KRW 78,54,945, and KRW 76,458,00 among them, the Plaintiff was sentenced to the judgment of the court below (hereinafter “instant judgment”) that, as to KRW 39,272,472, each of the C, D and C, and KRW 38,229,00 from October 9, 2013 to November 26, 2015, the Plaintiff paid the amount of KRW 5% per annum from the next day to November 26, 2015, and KRW 20% per annum from the date of full payment,” which became final and conclusive after the judgment became final and conclusive.
B. Based on the instant judgment against C on May 17, 2016, the Defendant received a collection order for KRW 2,960,143 from the Seoul Central District Court (Seoul Central District Court 2016TT) regarding the claim for payment of KRW 2,960,143 deposit against C, and received KRW 2,960,123 by the collection order on July 8, 2016.
C. Based on the instant judgment against C and D on August 16, 2016, the Defendant was issued an order of seizure and assignment of the amount equal to KRW 30,00,00 among the claims for deposit collection of real estate deposited under C and D’s KRW 2013Kadan2774 against the Republic of Korea as Suwon District Court KRW 2016,00,000,000, respectively, based on the judgment of this case against C and D, and the said order of seizure and assignment was served on the Republic of Korea on September 8, 2016, and was served on D on September 8, 2016 and became final and conclusive on September 8, 2016.
The Defendant received dividends of KRW 10,00,000,000 on June 22, 2017 in the distribution procedure of the F case in the Pyeongtaek-si E-type 317 square meters of C owned shares in Pyeongtaek-si, in accordance with the instant judgment against C.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 4, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff paid KRW 10,00,000 to the Defendant on July 8, 2016, KRW 2,960,123, and KRW 60,00,00 on August 16, 2016, and KRW 10,00,000 on June 22, 2017.
The defendant is Suwon District Court.