A. On April 1, 2013, the Defendant filed a claim against the Plaintiff for the determination of the amount of litigation costs with the Gwangju District Court Branch Branch 2013Kao-19, and the judicial assistant officer of this court rendered a decision on April 1, 2013 that “The amount of litigation costs to be repaid by the Plaintiff to the Defendant is KRW 3,340,735,” and the decision became final and conclusive.

B. On August 30, 2013, the Defendant filed an application for a compulsory auction of real estate on the real estate on two parcels, Hamyeong-gun, Chungcheongnam-gun, the Plaintiff owned by the Plaintiff, with the title of execution, and carried out the auction procedure (hereinafter “instant compulsory execution”) upon receipt of a compulsory auction decision on August 30, 2013.

C. On September 30, 2013, the Plaintiff deposited KRW 3,340,735 with the Defendant as the principal deposit, with the Suwon District Court gold No. 9676 in 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that compulsory execution based on the decision of this case should be denied, since all of the fixed amount of litigation costs under the decision of this case is deposited in full.

(2) As to this, the Defendant asserts that, insofar as the Plaintiff did not receive approximately KRW 1,391,670 of the costs for filing a request for auction pursuant to the compulsory execution of this case, the Defendant may not seek to exclude the enforcement force of the instant decision.

B. (1) The expenses required for compulsory execution under Article 53(1) of the Civil Execution Act shall be borne by the debtor and the reimbursement shall be made preferentially in the execution. The expenses for such execution shall be based on the relevant executive titles, which serve as the basis for the execution without any separate executive titles, and may be collected together with the claims indicated in the executive titles in the relevant compulsory execution procedures. Therefore, in a case of objection, the original obligation indicated in the executive titles shall be repaid or deposited.