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(영문) 서울북부지방법원 2020.07.09 2019가합1453

청구이의

Text

1. The Defendant’s Seoul Northern District Court Decision 2019Kama10162 against the Plaintiff A has an executory power over the instant case.

Reasons

Facts of recognition

On June 21, 2018, the Seoul Northern District Court Decision 2017Gahap23367, on which the Defendant claimed the return of the lease deposit against the Plaintiffs, the judgment rendered on June 21, 2018 that “the Defendant shall pay KRW 22,00,000,000 for the Plaintiff A, and for the Plaintiff B and C, respectively.”

On January 23, 2019, the Seoul High Court (Seoul High Court Decision 2018Na2036951) rendered a judgment that “The Appointed Party A, Plaintiff B, and C shall jointly pay KRW 220,00,000 to the Defendant, and the total costs of the lawsuit shall be borne by the Appointed Party A,” and the said judgment of the appellate court (hereinafter “instant final judgment”) became final and conclusive on February 9, 2019.

On May 24, 2019, the Seoul Northern District Court Decision 2019Kaba10162, where the Defendant filed a claim against the Plaintiff for the determination of the costs of lawsuit against the Plaintiff A, the Seoul Northern District Court rendered a decision on May 24, 2019 that “The Seoul Northern District Court Decision 2017Kahap23367, Seoul High Court Decision 2018Na203691, which determined that the amount of the costs of lawsuit to be paid by the Plaintiff A to the Defendant is KRW 7,496,304,00 (hereinafter “instant decision on the determination

According to the final and conclusive judgment of this case and the final decision of litigation costs of this case, the Defendant filed an application for compulsory auction of real estate G apartment H, which is owned by the Plaintiffs, with the Seoul Dobong-gu Seoul Northern District Court F, for a compulsory auction of real estate (hereinafter “instant compulsory auction”) on June 17, 2019.

On November 7, 2019, the Plaintiffs deposited KRW 220,000,00, which was finalized in the final and conclusive judgment of this case by the Seoul Northern District Court (Seoul Northern District Court No. 4448), with the Defendant as the principal deposit, and KRW 7,496,304, which was finalized in the final and conclusive judgment of this case by the Seoul Northern District Court (Seoul Northern District Court No. 201449, Nov. 7, 2019).

The Defendant received each of the above deposit money on November 18, 2019.

[Ground of recognition] The parties to the dispute, the entry of Gap evidence 1 and 2, and the purport of the whole pleadings, are the parties to the dispute, the final judgment of this case, and the objection.