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(영문) 춘천지방법원원주지원 2015.04.29 2015가단945

청구이의

Text

1. The defendant's compulsory execution against the plaintiff is denied based on the final decision of the cost of lawsuit 2009Ka-129.

Reasons

1. Facts of recognition;

A. The Defendant filed an application against the Plaintiff, etc. for the determination of the amount of litigation costs under this Court Decision 2009Kag129, and received a final determination of the amount of litigation costs containing “the amount of litigation costs to be reimbursed by the Plaintiff to the Defendant pursuant to each of the above judgments of Chuncheon District Court 2008Kadan9432 and 2009Na1478,” which read “the amount of litigation costs to be reimbursed by the Plaintiff to the Defendant is KRW 635,738,” and the said determination was finalized on June 23, 2010.

B. After that, according to the instant decision, the Defendant filed an application for a compulsory auction (a claim amounting to KRW 635,738) against the Plaintiff’s real estate to this Court C, and deposited the said auction on June 30, 2014. On February 12, 2015, the Plaintiff, who was the Defendant as the principal deposit, deposited the amount of KRW 1,176,338 (a claim amounting to KRW 635,738, the costs of auction in the instant auction case) with the Defendant as KRW 269 in total, which was KRW 1,176,338 (a claim amounting to KRW 540,600).

【Fact that there has been no dispute, entry of Gap 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, since the plaintiff's debt against the defendant according to the decision of this case was all extinguished by the plaintiff's deposit for repayment, compulsory execution based on the above decision shall not be permitted, and thus, the plaintiff's claim shall be accepted for reasons.