A. The deceased C brought an action against the Plaintiff for damages of 2008 Ghana 9366 of this Court.

B. On June 18, 2009, a judgment was rendered on June 18, 2009 that “the Plaintiff shall pay the net C KRW 1,396,571 and its delay damages (hereinafter “instant judgment”) and became final and conclusive.

C. Meanwhile, on March 6, 2018, the Plaintiff deposited the principal of the judgment based on the instant judgment and damages for delay up to the date of repayment deposit by designating the Defendant (Appointed Party) and the designated parties (hereinafter “Defendants”) as the co-inheritors of the network C as the principal deposit.

Meanwhile, with respect to the compulsory execution procedure based on the instant judgment, the Defendants spent the enforcement cost of KRW 1,064,200, 225,000, 6,000, registration license tax, 7,200, 5,000, 5,000, and the remainder of the auction deposit.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff of the parties asserts that compulsory execution based on the judgment of this case should not be denied inasmuch as the payment deposit fully repaid the obligation pursuant to the judgment of this case.

In regard to this, the Defendant asserted to the effect that the Plaintiff’s claim should be dismissed on the ground that the Plaintiff deposited only the amount according to the instant judgment and the execution cost required for the instant execution procedure was not repaid.

B. According to Article 53(1) of the Civil Execution Act, the expenses required for compulsory execution shall be borne by the debtor and the reimbursement shall be made preferentially by the execution. The expenses for such execution shall be based on the enforcement title, which serves as the basis for the execution without any separate enforcement title, and may be collected together with the claims indicated in the enforcement title in the relevant compulsory execution procedure. Therefore, in a case of objection, the original obligation indicated in the enforcement title shall be repaid or deposited.