청구이의
1. The defendant's decision against the plaintiff is based on the Seoul Central District Court Decision 2010Kahap75650 (main office) and 2010Kahap75667 (Counterclaim).
1. In light of the overall purport of pleadings Nos. 1 through 4, 6, and Nos. 1 and 2 as to the basic facts, the Defendant’s application for compulsory execution on May 20, 2014 for the execution of a monetary claim confirmed by the judgment of execution of the instant case, which was owned by the Plaintiff, commenced an auction procedure (hereinafter “instant auction procedure”) on May 20, 201, with regard to 31,636 square meters of C forest land owned by the Plaintiff (hereinafter “Scheon District Court D”), and ② The Plaintiff deposited KRW 26,396,137 on May 16, 2012, and deposited the said year.
8.4. In the instant lawsuit, the lower court rendered a judgment that “The compulsory execution based on the instant judgment of execution shall not be permitted only for the portion exceeding the amount calculated at the rate of 20% per annum from May 17, 2012 to the date of full payment,” and that the said judgment was dismissed, but the said judgment became final and conclusive August 6, 2015, and ④ When the said procedure continues again, the Plaintiff filed a lawsuit on October 14, 2015, with the deposit of KRW 8,43,939, the total principal and interest of the instant judgment based on the instant judgment of execution,” and that “the compulsory execution based on the instant judgment of execution shall not be permitted only for the portion exceeding the amount calculated at the rate of 5,013,661 won and the amount thereof.”
2. The plaintiff's assertion that the monetary obligation against the defendant, which became final and conclusive by the judgment of execution of this case, has ceased to exist by the above repayment deposit of KRW 8,433,939, and thus, compulsory execution based on the above judgment should not be denied. The defendant asserts that the plaintiff cannot respond to the plaintiff's claim before receiving the execution cost incurred in the auction procedure
3. Determination
A. The expenses required for the compulsory execution under Article 53(1) of the Civil Execution Act shall be borne by the debtor, and the expenses shall be reimbursed preferentially in the execution, and such expenses shall be based on the executive title which serves as the basis for the execution without any separate executive title.