청구이의
1. The Defendant’s execution of the construction cost case against the Plaintiff is the Suwon District Court KRW 2016Gadan344.
1. The Defendant, based on the facts based on the Defendant’s basic fact, filed an application for compulsory auction of real estate with the Suwon District Court Won Branch Branch C on the real estate indicated in the attached Table owned by the Plaintiff, and the decision to commence the auction was rendered on July 15, 2016.
(hereinafter “Compulsory Execution of this case”). [Grounds for recognition] No dispute exists, or obvious facts to this court, the purport of the entire pleadings
2. On August 21, 2017, the Plaintiff asserts that the instant compulsory execution should be denied, as the Plaintiff fully repaid the amount of credit, interest, and enforcement cost based on the original copy of the instant judgment to the Defendant on August 21, 2017.
In this case, there is no evidence to prove that the Plaintiff paid the full amount of the obligation under the original copy of the judgment above.
(3) In light of the purport of the entire pleadings, the Plaintiff is deemed to have discharged only the remainder, excluding KRW 35,652,217, out of the debt based on the original copy of the judgment of this case, on August 21, 2017, by failing to appear on the date of the first pleading of the Plaintiff. Rather, the Plaintiff appears to have received a debt completion certificate from the Defendant for the suspension of compulsory execution pursuant to the instant lawsuit.
Therefore, since the obligation based on the original copy of the judgment of this case still remains within the scope of KRW 35,652,217, the Plaintiff’s claim seeking the suspension of compulsory execution of this case is reasonable within the scope exceeding KRW 35,652,217.
3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed, and provisional disposition for the suspension of compulsory execution is also authorized within the above scope of recognition.