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(영문) 서울서부지방법원 2020.02.20 2019나38776

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court shall explain this part of the facts of recognition are as follows.

In addition, except for the addition of Gap evidence 12 as the ground for recognition, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is cited as it is by the main sentence of Article 420 of the Civil Procedure

【Supplementary Part】

D. On September 2, 2019, the Plaintiff paid KRW 313,243 to the Defendant for the repayment of obligations by the decision of recommending reconciliation in the instant case.

2. Determination

A. The expenses required for the compulsory execution under Article 53(1) of the Civil Execution Act shall be borne by the debtor, and the expenses for such execution shall be reimbursed preferentially in the course of the execution. Such expenses shall be based on the relevant executive titles which form 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. As such, in a case of objection, even if the original obligation indicated in the executive titles is extinguished by repayment or deposit, as long as the expenses for the execution that the debtor is liable to reimburse are not reimbursed, the whole executory power of

(See Supreme Court Decision 91Da41620 delivered on April 10, 1992). B.

In addition to the contents of Gap evidence Nos. 3 through 5, Eul evidence Nos. 3, 7 through 10, and 17, the amount acknowledged as the execution cost to be paid by the plaintiff in this case is as follows, and the sum of these amounts is 851,648 won.

1) Of the advance payment for auction, KRW 515,560 (including value-added tax 27,00 won) (including value-added tax 27,00 won) for a certified judicial scrivener’s remuneration of KRW 297,00 (including value-added tax 27,00 won) for a certified judicial scrivener’s remuneration of KRW 297,00 (including value-added tax 27,000 won for a certified judicial scrivener’s remuneration of KRW 4,500) for a service fee of KRW 23,188 (i.e., KRW 235,000 for a deposit - KRW 211,812 for a balance) for a registration application fee of KRW 4,188 (i.e., KRW 235,00 for a deposit) for a certified judicial scrivener’s remuneration of KRW 297,00 for a performance fee that the Defendant may receive from the Plaintiff pursuant to

C. The Plaintiff’s instant case