beta
(영문) 서울중앙지방법원 2017.05.12 2016가단89388

청구이의

Text

1. Compulsory execution by the Defendant’s Seoul High Court Decision 2013Ra1338 against the Plaintiff is 1,984.

Reasons

1. Basic facts

A. With respect to the Seoul Central District Court 2013Kaba2869 case filed by the Defendant against the Plaintiff, the said court rendered a ruling that “The amount of the litigation cost that the Plaintiff is to pay to the Defendant based on the case involving the repayment of lease deposit between the above parties, Seoul Central District Court 2012 Gohap18583, Seoul High Court 2012Na84624, which became final and conclusive as KRW 15,319,202,” and the appellate court rendered a ruling that “the first instance court decision is modified as follows.” The appellate court rendered a ruling that “The amount of the litigation cost that the Plaintiff is to pay to the Defendant according to the Seoul Central Court 2012Da1338, Seoul High Court 2013; the Seoul High Court 2012Na84624 decided on the refund of lease deposit between the Defendant and the Plaintiff was final and conclusive as the reappeal was dismissed by the said ruling of the Supreme Court 2014.

B. On May 11, 2016, the Defendant filed an application for compulsory auction against the Seoul Gangnam-gu Seoul Metropolitan Government D and E ground F EF No. 2909, which was owned by the Plaintiff, with the Seoul Central District Court C, and the compulsory auction procedure for the above real estate (hereinafter “instant auction procedure”).

C. On July 20, 2016, the Plaintiff (Seoul Central District Court Decision 16695), as the Seoul Central District Court Decision 14,713,477 won in total, and KRW 15,013,477 in the instant auction procedure cost of KRW 300,00,00 in real supply to the Defendant, but refused to accept the payment, and thus, deposited the Defendant with the deposited money as the deposited money.

(hereinafter referred to as “the deposit of this case”). 【The ground for recognition” / Each entry of Gap 1 through 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's assertion is that the plaintiff's obligation based on the decision of this case against the defendant and the costs of the auction procedure of this case.