A. The Defendants filed a claim against the Plaintiff for the return of legal reserve by this Court No. 2012Gahap5987, Oct. 31, 2013, the court rendered a judgment that “the Plaintiff shall pay the Defendants 29,045,185 won each year from August 22, 2012 to October 31, 2013, and 20% each year from the next day to the day of full payment, and the amount calculated at the rate of 5% each year from the next day to October 31, 2013, with respect to 1/10 of each of 2,573 square meters of land in Seocheon-si, Seocheon-si, Seocheon-si, and the said judgment became final and conclusive at that time (hereinafter “instant judgment”).

B. According to the instant judgment, the Defendants filed an application for a compulsory auction of real estate E with this court (hereinafter “instant auction”). On August 21, 2014, the instant court rendered a decision to commence the auction on August 21, 2014 with respect to the housing of F. 214 square meters and above ground 2-story owned by the Plaintiff.

C. On April 1, 2015, the Plaintiff deposited the principal KRW 39,008,080 (principal KRW 29,045,185 and interest KRW 9,962,895) with the Defendants as the principal deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1 and 2, the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that compulsory execution based on the judgment of this case should not be permitted since all of the obligations under the judgment of this case were extinguished by repayment, while the defendants asserted that the plaintiff's claim of this case is improper since they did not have been paid the auction expense of this case.

B. The costs necessary for the compulsory execution under Article 53(1) of the Civil Execution Act are borne by the obligor, and the obligor is given preferential reimbursement in the execution. Such costs are based on the enforcement title, which serves as the basis for the execution without any separate enforcement title, and can be collected together with the claims indicated in the enforcement title in the relevant compulsory execution procedure. Therefore, in a case of objection, the claims are indicated in the enforcement title.