The Plaintiff filed a lawsuit against the Defendant with this Court 2015Gahap103592, and the Defendant filed a counterclaim against the Plaintiff for the repayment, etc. of the paid construction cost (hereinafter “prior suit”) with this Court 2016Gahap1063, Jun. 1, 2017, this Court rendered a judgment that “the Plaintiff (Counterclaim Defendant) shall pay 29,318,114 won to the Defendant (Counterclaim Plaintiff) and 4,318,114 won among them, with 5% per annum from August 10, 2016 to June 1, 2017, and 15% per annum from June 2, 2017 to June 2, 2017 to June 1, 2017, with the rate of 15% per annum, 205,000,000 won to March 15, 2017.”

Although the original defendant appealed against the judgment of the preceding case, the dismissal of the appeal was completed (the main lawsuit of Busan High Court 2017Na53722, 53739). The plaintiff appealed against this, but the above judgment was dismissed (Supreme Court 2018Da29694).

Based on the final judgment of the preceding case, the defendant applied for a compulsory auction (C) on the real estate owned by the plaintiff with a claim amounting to KRW 29,318,114 and interest interest on the said money, and the decision on commencement of auction was issued on May 8, 2018.

Since then, this Court rendered a decision to suspend compulsory execution under Paragraph 2 of the Disposition on March 15, 2019 upon the Plaintiff’s application. The Defendant’s expenses incurred during the above auction procedure are KRW 702,818.

On the other hand, on March 14, 2019, the Plaintiff deposited KRW 38,055,984 (No. 618, 2019, Seosan District Court Branch Branch of Seosan District Court) with the Defendant as the principal deposit, and the Defendant reserved the objection and received it on March 18, 2019.

On April 20, 2020, the Plaintiff deposited KRW 702,818 (No. 795, Busan District Court Seosan Branch of District Court, Seosan Branch of District Court, No. 2020) with the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, Gap 2 to 8, 10, 11, and Eul 1 to 5 (including the number of pages).