2. By the judgment of the Seoul Central District Court 2008Gahap96692 (principal lawsuit) and the cancellation of the establishment of a right to collateral security, and the judgment of a claim for damages 2009Gahap40702 (Counterclaim) between the claimant and the respondent, the respondent shall fix that the Respondent is KRW 4,634,577.

3. The Seoul Central District Court shall add “Seoul Central District Court” to the first head of the first ruling of the first instance.

A. Details of the case subject to the determination of the amount of litigation costs

The applicant filed a lawsuit claiming the cancellation of the establishment of a right to collateral security against the applicant with the Cheonggu Saemaeul Community Fund and the respondent as the defendant, and the respondent filed a counterclaim for the claim for damages 2009Gahap40702, Seoul Central District Court on May 28, 2009 with the applicant as the counter-defendant. The above court accepted all the main claim of the applicant on May 28, 2009 and dismissed the respondent's counterclaim, while the part arising between the applicant and the Cheonggu Saemaeul Community Fund are borne by the Cheonggu Saemaeul Community Fund and the Respondent together with the main claim and the counterclaim, the judgment became final and conclusive on June 20, 2009.

(b) Details of the decision of the first instance;

(1) On July 8, 2009, the applicant filed an application against the Cheongdam Saemaul Fund and the respondent for the determination of the amount of litigation costs in relation to the above judgment. On August 17, 2009, the judicial assistant of the court of the first instance rendered a decision to confirm that the amount of litigation costs that the Cheongdam Saemaul Fund and the respondent shall reimburse to the applicant as stated in the separate statement of litigation costs in attached Form 17, 2009, is KRW 4,397,167, and KRW 5,407,167, which the respondent shall reimburse to the applicant.

on September 8, 2009, the court of the first instance, which found the immediate appeal against the above decision by the Respondent, was the first instance court that approved the above decision by the judicial assistant on September 16, 2009.

2. Summary of grounds for appeal by the respondent;

A. The principal lawsuit against the Cheonggu Saemaeul Community Fund is one-half of the maximum debt amount of KRW 360 million. The principal lawsuit against the respondent is one-half of KRW 180 million. The principal lawsuit against the respondent is one-half of KRW 195 million of the maximum debt amount of KRW 195 million. The Cheonggu Saemaeul Community Fund and the respondent in the above judgment ordered the respondent to bear the costs of the lawsuit against each party. As such, the part arising between the applicant and the Cheonggu Saemaeul Community Fund among the costs of the lawsuit is calculated based on the above KRW 180 million and the Cheonggu Saemaeul Community Fund shall be borne by the Cheonggu Saemaul Community Fund and the Respondent shall be borne by the Respondent for the principal lawsuit, based on the above KRW 195 million of the principal lawsuit among the parts arising between the applicant and the Respondent. The respondent shall bear the costs of the lawsuit based on the 13 million of the counterclaim.

B. In addition, the part of the principal suit against the Cheongdam Saemaeul Community Fund is 65%, and the part against the respondent is 35%, and the amount of the principal suit must be apportioned in proportion thereto.

3. Determination

A. The part concerning the claim on the value of the subject matter of lawsuit in the principal lawsuit

(1) Article 27(1) of the Civil Procedure Act provides that “where several claims are filed in one lawsuit, the total value of these several claims shall be determined by adding up the values of the subject-matter of the lawsuit.” Article 19 of the Rules on the Stamps Attached to Civil Litigation, etc. provides that “if several claims are filed in one lawsuit and the economic interest of the several claims is independent, the total sum of these claims shall be calculated.”

D. The principal lawsuit of this case constitutes several claims against the Cheongdam Saemaeul Community Fund and the respondent, and the economic interests of which are separate independently, so the value of the subject matter of lawsuit, which is the basis of calculating the litigation cost, shall be determined by summing up the value of each claim, and the principal lawsuit of this case is seeking the cancellation of the registration of creation of a neighboring mortgage on the ground that the cause is null and void, and thus, the amount equivalent to one half of the maximum debt amount is the value of

Article 22(1) of the Civil Procedure Act provides that the court shall calculate the value of the subject matter of the lawsuit of this case by dividing the value of the subject matter of the lawsuit of this case into the value of each subject matter of the lawsuit of the Cheongdam Saemaul Fund and the respondent, and shall not calculate the subject matter of the lawsuit based on the added value of the subject matter

277,500,000 = (360 million won + 195 million won) x 1/2

B. The part on proportional distribution of the costs of lawsuit

(1) Article 102(1) of the Civil Procedure Act provides that “The co-litigants shall equally bear the costs of lawsuit: Provided, That the court may require the co-litigants to jointly or severally bear the costs of lawsuit or to bear them by any other means, depending on circumstances.”

As examined above, in the above judgment, the part arising between the applicant and the Cheongdam Saemaeul Community Fund shall bear the costs of the principal lawsuit, and the part arising between the applicant and the Respondent shall be borne by the Respondent, and the portion arising between the applicant and the Respondent shall not be determined by the ratio or method of sharing between the Cheongdam Saemaeul Community Fund and the Respondent, so the Cheonggu Saemaeul Community Fund and the Respondent shall equally bear the costs of the principal lawsuit in accordance with the principle

Article 26(1) of the Respondents Act provides that the Respondents are without merit.

C. Ex officio determination

(1) Where a counterclaim has been filed against the principal lawsuit, the value of the subject matter of the lawsuit, which is the basis for calculating attorney fees, shall be determined by aggregating the value of the subject matter of the lawsuit and the value of the subject matter of the counterclaim if the subject matter of the lawsuit is different from that of the principal lawsuit (see Supreme Court Order 93Ma410, May 15, 1993).

D. In the instant case, since the subject matter of the principal lawsuit and the counterclaim differs, the attorney’s fees shall be determined by summing up the values of the subject matter of the lawsuit between the principal lawsuit and the counterclaim. The calculation of the attorney’s fees for the principal lawsuit and the counterclaim based on them shall be as follows (hereinafter referred to as “the sum below”).

The value of the subject-matter of the Kenya: 290,500,000 = 277,500,000 + 13,00,000 won

placed attorney fees: KRW 7,705,00 = 6,800,000 + [290,500,000 - 200 million] ¡¿ 1/100];

Do Governor shall divide the attorney's fees according to the ratio of the value of each subject of lawsuit between the principal claim and the counterclaim.

본소 : 7,360,197원 ≒ 7,705,000원 × 277,500,000원/290,500,000원

반소 : 344,802원 ≒ 7,705,000원 × 13,000,000원/290,500,000원

The attorney fees of the Do Governor shall be borne equally by the Cheonggu Saemaeul Community Fund and the respondent.

청담새마을금고 : 3,680,098원 ≒ 7,360,197원 × 1/2

피신청인 : 3,680,098원 ≒ 7,360,197원 × 1/2

Do-Counterclaim Attorney Fees shall be borne by the respondent

Respondent: 344,802 won

Article 22(1) of the Civil Procedure Act shall be equally borne by the Cheongdam Saemaeul Community Fund and the respondent.

Do Governor: 1,205,774 won = Affiliation 1,165,00 won + Service charges of 40,774 won

Cheongdam Saemaeul Saemaul Fund and respondent: 602,887 won = 1,205,774 won ¡¿ 1/2

Applicant for the determination of the cost of lawsuit shall be borne equally by the Cheonggu Saemaeul Fund and the respondent.

An application for confirmation of the amount of litigation costs: 13,580 won = 1,500 won + Service fees of 12,080 won

Cheongdam Saemaeul Saemaul Fund and respondent: 6,790 won = 13,580 won ¡¿ 1/2

(v)the costs of the litigation to be repaid by the Cheongdam Saemaul Fund and the respondent are as follows:

Do Council Green Fund: 4,289,775 won = 3,680,098 won + 602,887 won + 6,790 won

Belgium: 4,634,57 won = 3,680,098 won + 344,802 won + 602,887 won + 6,790 won

4. Conclusion

Therefore, the Respondent should confirm that the amount of the litigation cost to be repaid to the applicant in relation to the above judgment is KRW 4,634,577. The first instance court's decision is unfair because it is so unfair that some conclusion is different, and it is apparent that the first instance court's decision was omitted, and it is so decided as per Disposition by adding it to the first instance court's decision.

[Omission of Payment Statement of Litigation Costs]

Judges Kim Byung-chul (Presiding Judge) Do-Jon Constitution