A. On January 19, 2015, the Defendant filed a claim against the Plaintiff for management expenses with the Daegu District Court, and the said court rendered a judgment ordering the Plaintiff to pay 7,428,299 won and the amount equivalent to 20% per annum from January 20, 2015 to the date of full payment.

(T) Daegu District Court Decision 2014Gaso38747, hereinafter referred to as the "Decision of this case"). (B)

On February 24, 2015, the defendant enforced compulsory execution on real estate owned by the plaintiff, and the procedure for compulsory auction was proceeded with to the Daegu District Court C.

(hereinafter “instant compulsory auction”). C.

The Plaintiff appealed and appealed the instant judgment, but the appellate court rendered a judgment dismissing the Plaintiff’s appeal on September 3, 2015, and the appellate court rendered a judgment dismissing the Plaintiff’s appeal on December 23, 2015 and the previous judgment became final and conclusive on December 23, 2015.

On April 12, 2016, the Plaintiff deposited the principal and interest of the judgment of this case in the court of this case 9,254,929.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, each entry of evidence 1 and 2, facts with respect to this court, purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, since the plaintiff deposited the principal and interest of the judgment in this case, it shall not be subject to compulsory execution based on the judgment in this case unless there are special circumstances.

3. Determination as to the defendant's assertion

A. The defendant asserts that since the plaintiff did not pay the principal and interest of the judgment according to the judgment of this case and the compulsory auction of this case was conducted, the defendant's payment of 950,000 won for the compulsory auction expenses paid by the defendant can be suspended as expenses.

B. The costs necessary for the compulsory execution under Article 53(1) of the Civil Execution Act shall be borne by the debtor, and such costs shall be reimbursed in preference to the execution. Such costs are based on the execution without any separate executive title.