A. In Daejeon District Court Decision 2013Gahap2034 decided on April 1, 2015, which filed against the Plaintiff, that “the Plaintiff shall pay to the Defendant 6,746,80 won and the amount calculated at the rate of 5% per annum from March 16, 2013 to April 30, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “decision on recommending reconciliation in this case”).

B. On May 14, 2015, the Defendant applied for a compulsory auction on the Plaintiff’s real estate based on the ruling of recommending reconciliation in the instant case, and rendered a decision to commence the auction thereof on May 14, 2015.

(hereinafter the above real estate compulsory auction case shall be referred to as "case of compulsory auction of this case".

On August 20, 2015, the Plaintiff deposited KRW 7,938,317 (hereinafter “instant first deposit”) in the sum of the principal and interest of the instant decision to recommend reconciliation with the Defendant as the principal deposit account under the Daejeon District Court No. 4499 in 2015, the Plaintiff deposited KRW 7,938,317 (hereinafter “instant deposit”).

On August 24, 2015, the Defendant reserved an objection to the effect that “interest 734 won is insufficient,” and paid the said deposit KRW 77,938,317.

On October 14, 2015, the Plaintiff deposited KRW 1,318,010 in addition to the execution cost of the instant compulsory auction (hereinafter “instant deposit”) by designating the Defendant as a depositee in gold No. 5588, which was pending in the instant lawsuit (hereinafter “instant deposit”).

[Ground of Recognition] : In the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including branch numbers, if any), and the purport of the whole argument of the plaintiff, the plaintiff's obligations against the defendant according to the decision of recommending reconciliation of this case, as the plaintiff's first and second deposits, are all extinguished by the plaintiff's first and second deposits, so the plaintiff's obligations against the defendant shall be dismissed.

Judgment

The costs required for compulsory execution under Article 53 (1) of the Civil Execution Act are borne by the debtor and reimbursed with priority in the execution.