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(영문) 수원지방법원성남지원 2016.10.21 2016가단13023
청구이의
Text

1. The judgment of the Defendants on the case, including Suwon District Court’s Sung-nam Branch 2015Kadan214560 building name map, etc.

Reasons

1. Facts of recognition;

A. On October 7, 2015, the Defendants filed a lawsuit against the Plaintiff seeking unjust enrichment equivalent to the delivery of buildings and overdue rent or rent from the Suwon District Court Branch of 2015da214560 (hereinafter “the instant judgment”). On October 7, 2015, the said court rendered a judgment with the purport that “the Plaintiff shall deliver each building indicated in the separate sheet to the Defendants, and shall pay to the Defendants an amount equivalent to KRW 23,730,000 per month from July 16, 2015 to the completion date of delivery of each real estate” (hereinafter “the instant judgment”). The instant judgment became final and conclusive on October 29, 2015.

B. As of September 15, 2016, the Plaintiff not only did not deliver each building listed in the separate sheet to the Defendants, but also did not pay KRW 6,340,000 among the overdue rent or unjust enrichment equivalent to the rent recognized in the instant judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 (including each number), the purport of whole pleadings

2. The plaintiff asserted that since the plaintiff paid all the defendants with overdue rent or unjust enrichment equivalent to the rent recognized in the judgment of this case, compulsory execution based on the judgment of this case shall not be permitted.

3. We examine the judgment, as seen earlier, that the Plaintiff did not deliver each of the buildings listed in the separate sheet to the Defendants up to now, and therefore, the decision of this case No. 1-A of the Plaintiff’s assertion.

There is no reason to seek the denial of compulsory execution based on subsection (1).

However, among the overdue rent or unjust enrichment equivalent to the rent in arrears recognized in the judgment of this case, the amount that the Plaintiff did not pay to the Defendants is limited to KRW 6,340,000 as of September 15, 2016, and therefore, the decision of this case No. 1-b.

Compulsory execution based on subsection 6,340,000 and from September 16, 2016 to September 2, 970 of each building listed in the separate sheet.

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