beta
(영문) 서울서부지방법원 2019.03.28 2018가단11193

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant filed an application with the Plaintiff and C for the determination of the amount of litigation costs under the Seoul Western District Court Decision 2016Kao 537, Feb. 28, 2017, the said court rendered a ruling that “The amount of litigation costs that the Plaintiff and C shall pay to the Defendant by the judgment of the Seoul Western District Court 2010Kahap4073, etc.” The said ruling became final and conclusive around that time. 2) The Defendant filed against the Plaintiff and C for the determination of the amount of litigation costs under the Seoul Western District Court 2016Kao 538, Seoul Western District Court 2017, the Seoul Western District Court 2009Da1347, the Seoul Western District Court 2010Na64583, the Seoul Western District Court 2011Da34958, Apr. 4, 2017, that each of the litigation costs is KRW 31,2012, and that each of the Plaintiff and C128

The plaintiff and C re-appealed as Seoul High Court 2017Ra256, Supreme Court 2017Ma1287, but all of them were dismissed.

3) The Defendant filed an application against the Plaintiff and C for the determination of the amount of litigation costs with the Seoul Western District Court Decision 2016KaMa539, Jun. 13, 2017, the said court rendered a decision on June 13, 2017 that “The Seoul Western District Court Decision 2010Kahap7836 decided that the amount of litigation costs that the Plaintiff and C shall reimburse to the Defendant is KRW 2,335, respectively,” and the said decision became final and conclusive around that time (hereinafter referred to as “the determination of the amount of each litigation costs of this case”).

B. According to the decision of determination of the amount of each of the costs of lawsuit in this case, the execution defendant applied for a compulsory auction of real estate to the Seoul Western District Court D with respect to each of the costs of lawsuit in this case, and withdrawn it, and again applied for a compulsory auction of real estate to the Seoul Western District Court E.

As delegated by the defendant, the defendant is above.