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1. The Defendant’s case of removal of buildings, etc. by the Defendant’s main branch court of Chuncheon District Court on June 13, 2019.
Reasons
1. Facts of recognition;
A. The Defendant filed a lawsuit for the removal of buildings, etc. against the members of Egypt, including the Plaintiff, who is the co-owner of the above accommodation building, as the owner of the crossing-gun C and D land in Gangwon-do.
B. On June 13, 2019 with respect to the foregoing case, the foregoing support rendered a judgment, including the order for payment of unjust enrichment (hereinafter “instant judgment”), jointly and severally, to the members of the Ri management group, including the Plaintiff, E, F, and G Co., Ltd., and the said judgment became final and conclusive on September 3, 2019.
3. The remaining Defendants, other than Defendant H, I, and J, jointly and severally pay to the Plaintiff the money calculated at the rate of KRW 281,120 per month from June 29, 2017 to the completion date of delivery of the land as stated in [Attachment List-5] from June 29, 2017 or the day the Plaintiff loses its ownership.
C. After February 26, 2020, the Defendant filed an application for compulsory auction (hereinafter “auction of this case”) against the Plaintiff’s real estate as the claimed amount of the claim “the amount calculated by the ratio of KRW 8,968,624 won and KRW 281,120 per month from February 27, 2020 to February 26, 2020” with the bonds accrued from June 29, 2017 to February 26, 2020. (C) The Defendant rendered a decision to commence compulsory auction on March 5, 2020.
On the other hand, E, who is jointly and severally liable for the instant judgment, deemed to have paid to the Defendant a partial excess of KRW 7,833,877 on October 25, 2019 (from June 29, 2017 to October 24, 2019), approximately KRW 7,830,540 (i.e., June 29, 2017 to September 28, 2019), and paid KRW 26 days from September 29, 2019 to October 24, 2019, both claims of this case were paid from June 29, 2017 to August 25, 2019, respectively.
In addition, the defendant is owned by F, who is jointly and severally liable according to the judgment of this case.