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(영문) 대구지방법원 의성지원 2017.01.11 2016가단1566

청구이의

Text

1. The defendant's compulsory execution against the plaintiff is based on the final decision of the Daegu District Court's Sung Branch Branch C alternative execution cost.

Reasons

1. Basic facts

A. On February 2, 2015, the Defendant applied for provisional disposition prohibiting the disposal of real estate listed in attached Form 1, which is owned by the Plaintiff, by taking into account “the Plaintiff’s right to demand removal of buildings and the right to claim delivery of land based on the final and conclusive judgment” at the Sung-gu District Court Branch Branch of Daegu District Court as the preserved right, and received the provisional disposition on February 5, 2015.

(2015 Chicago3). (b)

(1) On August 12, 2015, the Defendant received a final and conclusive judgment in favor of the Plaintiff on August 12, 2015 in the Daegu District Court’s Branch Branch Decision 2015Da3377 and in India case, the said judgment became final and conclusive on September 2, 2015. (2) On August 19, 2015, the Defendant obtained an execution clause as to the said judgment and obtained it as an execution title, and followed compulsory execution procedures were conducted by the same court on September 16, 2015.

C. On August 10, 2016, the Defendant rendered a final decision on the cost of alternative execution and the compulsory auction of real estate (1) on August 10, 2016 that “The Plaintiff shall reimburse the Defendant with respect to the same court D alternative execution case, that the amount of the execution cost to be reimbursed by the Plaintiff is KRW 778,500,” and the said decision was finalized on August 30, 2016 (hereinafter “instant decision”).

(2) On September 22, 2016, the Defendant applied for a compulsory auction on the real estate listed in the separate sheet, owned by the Plaintiff, as the title of execution, with the instant decision as the title of execution, and applied for a compulsory auction on September 22, 2016 (hereinafter “instant compulsory auction”). The Defendant paid KRW 458,609 [including registration and license tax (including local education tax) of KRW 5,000, KRW 7,200, KRW 6,000, KRW 24,600, KRW 148,009, KRW 1,000, KRW 415,800, out of the amount paid for the auction of KRW 1,000, KRW 148,000.

The Plaintiff, such as the Plaintiff’s deposit for repayment, etc., (i) the Defendant as the principal deposit, etc., and (ii) the time limit for the instant decision issued by the Suwon District Court Branch No. 3328, Sept. 23, 2016.