A. The Defendant filed a lawsuit against the Plaintiff for the claim for the amount of money transferred to the Plaintiff under the 2018 Seo-gu District Court Branch Decision 29137.

On May 24, 2019, the above court rendered a judgment ordering the defendant to pay 1,067,000 won to the plaintiff and 5% interest per annum from December 29, 2018 to May 24, 2019, and 15% per annum from the next day to the date of full payment. The above judgment became final and conclusive.

(hereinafter “the final judgment of this case”). (b)

Based on the instant final judgment, the Defendant applied for a compulsory auction against the Plaintiff’s real estate to Daegu District Court Kimcheon Branch C, and received a ruling to commence the auction on September 2, 2019.

C. On September 19, 2019, the Plaintiff deposited KRW 1,140,086 as the principal of the obligation under the final judgment of this case and interest until September 19, 2019 with the Defendant as the deposited person.

In the process of applying for a compulsory auction on the above real estate, the Defendant spent 800,000 won for auction payment, 144,000 won for delivery fees, 3,000 won for application for registration, registration and license tax, and 7,200 won for local education tax.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts that since all obligations under the final judgment of this case were extinguished by the deposit for repayment, compulsory execution against the plaintiff in accordance with the final judgment of this case should be denied.

B. The relevant legal principles must deposit the entire amount of debt in order for the obligor to discharge his/her obligation by deposit in the cause of deposit, and the deposit of part may not take effect unless the obligee accepts it, unless there are special circumstances to deem that partial provision is effective in the repayment of the obligation.

(See Supreme Court Decision 2008Da10051 Decided July 10, 2008, see Supreme Court Decision 2008Da10051).