청구이의
1. The Seoul Central District Court Decision 2012Kao 5436 against the Defendants’ Plaintiff and the final decision of the costs of lawsuit.
1. Facts of recognition;
A. The final and conclusive decision made by the Defendants against the Plaintiff for the determination of the amount of litigation costs is as follows:
Defendant C4,219,188 won in 2012Kabama52, Defendant B, 2009da3589632, Defendant B, 2009da35452, Plaintiff 2009da377254, Plaintiff 2009da377254, Plaintiff B, 3,194,572, and Defendant B, 2009da358, 2009da32,110,570 won
B. According to the above decision, the amount of the litigation cost that is to be repaid to the Plaintiff B is KRW 6,610,427, and KRW 5,524,473.
C. The Defendants applied for a compulsory auction on the Plaintiff’s real estate as Jinwon District Court Jinwon Branch D based on the claim under the above decision, and the auction was commenced on July 3, 2014.
On October 30, 2014, the Plaintiff deposited the amount of KRW 5,858,778 (the amount of litigation costs, KRW 524,473, and KRW 334,305) with Defendant C as the principal deposit, which was KRW 1228, 64,732 (the amount of litigation costs, KRW 6,610,427, and KRW 334,305) with Defendant C as the principal deposit, and deposited the amount of KRW 5,858,778 (the amount of litigation costs, KRW 5,524,473, and the cost of filing a petition for auction of the auction case) with the principal deposit.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 2-1, 2-2, Gap evidence 3, Gap evidence 4-1, 2-2, and the purport of the whole pleadings
2. According to the above facts of recognition, since the plaintiff's obligations against the defendants according to the above decision of confirmation of the amount of litigation costs have ceased to exist due to the plaintiff's repayment deposit, compulsory execution based on the above decision shall be dismissed.
Although Defendant C asserted that the repayment of the above deposit has no effect due to the seizure and collection order regarding the claim for payment of the deposit money, if the deposit is legitimate, the repayment shall be effective when the deposit was made, regardless of whether the creditor requested the withdrawal of the deposited goods.