beta
(영문) 서울중앙지방법원 2018.05.25 2017가합32812

청구이의의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 3, 2016, the Defendant filed an application with the Seoul Central District Court for the determination of the amount of litigation costs with the Seoul Central District Court 2016Kao233, and received a final decision on May 3, 2016 (hereinafter “instant decision”) stating that “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant by the ruling on the return of unjust enrichment between the aforementioned parties, the Seoul Central District Court 2013Kahap1582, Seoul High Court 2013Na71304, and the Supreme Court 2015Da1673, supra, shall be determined as KRW 25,22,768” (hereinafter “instant decision”).

B. The Defendant filed an application for compulsory auction of real estate (hereinafter “instant compulsory auction”) with the Seoul Eastern District Court D on the portion of 1/2 shares owned by the Plaintiff among the 27.1m2 in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu Seoul Metropolitan Government, as an executive title, and received the decision to commence compulsory auction on August 12, 2016.

With respect to the compulsory auction of this case, the Defendant spent registration license tax of 50,440 won, education tax of 10,080 won, registration fee of 3,000 won for application for registration, prepayment fee of 185,00 won, stamp fee of 5,000 won, stamp fee of 5,000 won, and court custody fee of 1,407,450 won.

C. On August 29, 2017, the Plaintiff deposited KRW 25,222,768 (hereinafter “instant deposit”) with the Seoul Central District Court as the principal deposit on the ground of the Defendant’s refusal to receive payment (hereinafter “instant deposit”). D.

On August 29, 2017, E, a creditor of the defendant of the provisional attachment of the right to claim deposit withdrawal, filed a provisional attachment against the defendant's right to claim deposit withdrawal on the deposit of this case, and completed provisional attachment on September 4, 2017, subject to the decision of acceptance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including the number of each branch; hereinafter the same shall apply), Eul evidence Nos. 1, 5, and 8 through 12, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s claim 1 is a reference obligation to repay in the present address of the obligee, and thus, the Plaintiff’s claim is for repayment.