청구이의
1. The plaintiff (appointed party)'s claim that is changed in exchange at the trial is dismissed.
2. The total costs of the lawsuit shall be individually counted.
1. Basic facts
A. Decision 1 on the determination of the amount of litigation costs) The Defendant is the Plaintiff and the Appointed D (hereinafter “Plaintiff, etc.”)
) On September 26, 2016, the Seoul Western District Court 201Da47049, 2015Na1530, Supreme Court 2015Na1530, and Supreme Court 2015Da73401, the Plaintiff, etc. filed an application for the determination of the amount of litigation costs against the Plaintiff, etc., and received a decision on September 26, 2016 that “the amount of litigation costs that the Plaintiff, etc. shall reimburse to the Defendant is KRW 5,947,30, respectively.” The appeal and reappeal by the Plaintiff, etc. were dismissed and the decision became final and conclusive (Seoul Western District Court 2016Da52444, Seoul Western District Court 2016). The Defendant filed an application with the Plaintiff, etc. for the determination of the amount of litigation costs against the Plaintiff, etc., and received the determination that the amount of litigation costs that the Plaintiff, etc. shall reimburse to the Defendant was determined as KRW 1,080,260.”
(Seoul Western District Court 2017Kao-5 and 2 above decisions (hereinafter referred to as "the final decision of the costs of this case"). (b)
On September 26, 2017, the defendant filed an application for a compulsory auction on the real estate of the plaintiff et al. with the enforcement title to decide the amount of litigation costs of this case as the enforcement title and the procedure was proceeded.
(Seoul Western District Court C.C.)
1) On October 13, 2017, the Plaintiff et al. deposited the amount (total of KRW 14,055,120) equivalent to KRW 7,027,560 of the litigation costs of this case (i.e., KRW 5,947,30, KRW 1,080,260) under the determination of the amount of the litigation costs of this case with the Defendant as the Defendant (Seoul Western District Court Decision 21449, April 2, 2017; KRW 21451, May 2, 2017). Meanwhile, the Defendant spent the execution cost of KRW 1,003,816 in total in relation to the said compulsory execution.
3) On December 17, 2017, the Defendant reserved an objection and received the deposit money, and then withdrawn an application for compulsory execution on December 26, 2017. The Defendant was refunded only by the court the amount excluding KRW 151,900 out of the above execution costs (a dispute over the grounds for recognition).