[청구이의][집32(3)민,134;공1984.8.15.(734)1285]
The effect of deposit for the repayment of the benefits which have been incurred during compulsory auction based on the judgment on payment of the amount which has been combined with the claim for unpaid payment.
In a claim for damages filed by the Defendant against the Plaintiff, “the Plaintiff shall pay 54 Gama to the Defendant for the amount of 54 Gama. 55,000 won per math if it is impossible to enforce compulsory execution against the unpaid payment” was sentenced to a provisional execution declaration, and if the Defendant based on an executory exemplification of the above judgment, and the procedure for compulsory auction for the forest owned by the Plaintiff was in progress, it is deemed that the execution for the subject claim was impossible, which is the original payment, and thereby, the execution for the subject claim was commenced. In this case, the Plaintiff, the obligor, may be exempted from the obligation due to the deposit for the payment of the subject payment.
Article 487 of the Civil Act, Article 229 of the Civil Procedure Act
[Judgment of the court below]
Defendant
Seoul High Court Decision 83Na3892 delivered on December 27, 1983
The judgment below is reversed and the case is remanded to Seoul High Court.
We examine the grounds of appeal.
According to the reasoning of the judgment below, in light of the evidence adopted by the court below, the court below held that "the defendant (the plaintiff of this case) shall pay 54 Gama (80 kilograms) to the plaintiff (the defendant of this case) at the same court on October 20, 1981, which had been filed by the defendant against the plaintiff, for the above 40 U.S. court's claim for damages 500 U.S. court's 500 U.S. court's 500 U.S. court's 500 U.S. court's 400 U.S. court's 500 U.S. court's 500 U.S. court's 400 U.S. court's 500 U.S. court's 500 U.S. court's 500 U.S. court's 500 U.S. court's 500 U.S. court's 2005. court's 50000 U.
However, if the performance of the original benefit becomes impossible and the obligation to be performed arises, the obligor may be exempted from the obligation by performance of the obligation to be performed. According to the records, the defendant, prior to December 4, 1981, based on the executory exemplification of the judgment claiming compensation for damages of 81, 904, Seoul Civil District Court 81, the defendant, based on the executory exemplification of the judgment claiming compensation for damages of 81, 1904, Incheon District Court 81, 3762, it is clear that the compulsory auction procedure is in progress after receiving a decision to commence the compulsory auction for four parts of forests and fields ( Address omitted). Thus, in this case, the execution for the claim is impossible for 54,000,000 which is the original benefit, and the plaintiff, the obligor, who is the obligor, may be exempted from the obligation by deposit of 2,970,000,000 won, which is the original benefit in lieu of the original benefit, and the court below's rejection of the remainder of the plaintiff's claim of this case.
Therefore, the judgment of the court below is reversed, and the case is remanded to the Seoul High Court, which is the court below, and it is so decided as per Disposition by the assent of all participating Justices.
Justices O Sung-sung(Presiding Justice)