A. As to the Incheon District Court’s Busan District Court Branch 2017Kada187 litigation amounting to the Plaintiff, the said court rendered a decision that “the amount of the litigation cost that the Plaintiff is to pay to the Defendant according to the judgment of this Court 2016Gahap911, Seoul High Court 2017Na9697, the Seoul High Court 2017Na9697, which filed against the Plaintiff, is KRW 6,210,810,” and the said decision was finalized around that time.

(hereinafter “instant decision”). (b)

The Defendant, based on the decision of this case, started the procedure for compulsory auction on the real estate listed in the attached list owned by the Plaintiff as Seoul Central District Court C (hereinafter “instant auction procedure”).

C. On March 11, 2019, the Plaintiff, as Seoul Central District Court No. 1028 on March 11, 2019, deposited the amount of KRW 6,371,695, totaling KRW 6,371,695, and KRW 160,885,00 in the instant auction procedure expenses (e.g., KRW 5,00, KRW 31,725, KRW 31,725, registration license tax, KRW 20, KRW 103,260, and KRW 103,260, and KRW 103,260), on account of the fact that the Plaintiff actually offered to the Defendant, but the deposit was refused, and the Defendant

(hereinafter referred to as “the deposit of this case”). 【No dispute exists over the deposit of this case’s payment (based on recognition), Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3-1, 2, and 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts to the purport that, since both the plaintiff's obligation based on the decision of this case and the obligation to reimburse expenses in the auction procedure of this case were extinguished by the deposit of this case, compulsory execution based on the title of execution shall not be allowed.

In regard to this, the Defendant: (a) 6,210,810 won and expenses for auction proceedings, ① 5,000 won and ② 6,000 won for an application for registration; (b) 12,420 won for registration; (c) local education tax; (iv) 2,480 won; (v) 31,725 won for prepayment of service charges; and (vi) 3,173 won for auction payment.