A. On July 29, 2016, the Defendant filed a lawsuit claiming restitution of unjust enrichment against the Plaintiffs by Jeju District Court Decision 2015Da20745, and the said court rendered a judgment on July 29, 2016 that “The Plaintiff shall pay to the Defendant the amount calculated at the rate of 15% per annum from June 29, 2016 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive.

B. On April 14, 2017, the Plaintiffs deposited the total amount of KRW 17,805,840 [the Plaintiffs shall be calculated at the rate of 15% per annum from June 29, 2016 to April 14, 2017] of the principal and interest based on the instant judgment [1,805,840 won per annum].

C. The Defendant filed an application for a compulsory auction of real estate (hereinafter “instant auction procedure”) with the Jeju District Court No. 2016ta-Ma8727 regarding the real estate owned by the Plaintiffs with the title of execution, and the said court rendered a ruling to commence the auction on November 15, 2016.

[In the absence of dispute, Gap 1 to 3]

2. The plaintiffs asserted that compulsory execution based on the instant judgment is not permissible, since they deposited a full repayment of their obligations based on the instant judgment.

The defendant asserts that since the defendant disbursed KRW 2,340,300 as auction expenses, etc. in the auction procedure of this case, the execution force of the judgment of this case cannot be ruled out unless the plaintiffs paid the above amount in addition to the amount ordered to pay.

3. Costs necessary for a judgment of compulsory execution shall be borne by the debtor and the reimbursement shall be made preferentially by such execution (Article 53(1) of the Civil Execution Act). As such, with respect to the executive titles ordering a payment of money, the whole executory power shall not be excluded unless the expenses for execution are reimbursed.

(See Supreme Court Decision 2008Da10051 Decided July 10, 2008, supra, the Defendant spent KRW 2,340,300 as enforcement cost in the instant auction procedure.