청구이의
1.The judgment of the first instance shall be modified as follows:
The Seoul High Court Decision 2004 delivered on October 28, 2004.
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. On August 21, 2014, at the case of the compulsory auction of the real estate G real estate branch of the Chuncheon District Court, the distribution schedule was prepared to distribute the Defendant KRW 40,053,144 to the Defendant, and the Defendant actually received the said dividends, and the instant judgment claim was entirely extinguished.
Even if the above dividends were not fully satisfied, compulsory execution based on the Seoul High Court Decision 2003Na37992 cannot be permitted since the remaining money was deposited.
B. Around April 7, 2015, the Plaintiff filed a lawsuit of demurrer against the distribution in the lawsuit of demurrer against the distribution of 40,053,144 won, which was distributed to the Defendant, in the case of the compulsory auction of the real estate G branch of the Chuncheon District Court, and received the said dividends from the Defendant. The said dividends are partly appropriated for payment of delay damages and the principal amount of the instant judgment until April 7, 2015, and the said dividends remain.
Furthermore, in addition to the judgment amount of this case, the defendant also received a seizure and collection order with claims for damages against the plaintiff, and thus, the plaintiff's claim seeking non-permission of compulsory execution is without merit.
3. Determination
A. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 3, Eul evidence Nos. 7, 8, and 9 as to the withdrawal of a lawsuit of demurrer against distribution, the distribution table was prepared to distribute damages for delay from November 29, 2012 to August 21, 2014, the sum of KRW 3,186,676,676, and KRW 40,144, which are the sum of KRW 40,053, and KRW 404,00,000 to the defendant on August 24, 2014, the plaintiff filed a lawsuit of demurrer against distribution with the Gangwon District Court Seocheon Branch Branch Branch Branch of 2014,1204.