A. Around 2019, the Defendant filed an application against the Plaintiff for the determination of the amount of litigation costs (Sacheon District Court 2019Ka 10042), and this court rendered a decision on May 27, 2019 to the effect that the amount of litigation costs that the Plaintiff has to pay to the Defendant was KRW 2,111,196, and that the said decision became final and conclusive on June 8, 2019.

(hereinafter “Determination of the amount of litigation costs of this case”) B.

On February 26, 2020, the defendant applied for a compulsory auction on the plaintiff's real estate to the Chuncheon District Court by making a final decision on the amount of litigation costs of this case as the executive title. On February 26, 2020, the auction procedure of Chuncheon District Court C (hereinafter "the auction procedure of this case") began.

C. On March 9, 2020, the Plaintiff deposited KRW 3,215,446 under the name of the principal and interest and execution expenses (e.g., auction payment, registration license tax, stamp amount, delivery fee, and registration fee) based on the decision to determine the amount of litigation cost of the instant case, and submitted a written response to the purport that the Defendant paid KRW 440,000 as a certified judicial scrivener on April 23, 2020 (including additional tax). The Plaintiff deposited KRW 440,000 under the name of a certified judicial scrivener on April 28, 2020 as a deposit of KRW 453 under the name of a certified judicial scrivener on April 28, 2020.

On March 18, 2020, the Plaintiff submitted a deposit guaranty insurance policy (3 million won) to this court upon filing an application for the suspension of compulsory execution with 2020 Chicago1002, and received a decision to suspend compulsory execution from this court (the suspension of execution until the judgment on the merits of this case is pronounced).

[Ground of recognition] without any dispute, Gap's evidence Nos. 1 through 6, Eul's evidence No. 1, obvious facts in this court, the purport of whole pleadings

2. The execution title ordering monetary payment cannot be claimed to exclude the entire executory power, unless it reimburses expenses incurred in the execution (see, e.g., Supreme Court Decision 2008Da10051, Jul. 10, 2008). The Defendant had already conducted the auction procedure of this case before the Plaintiff’s deposit in this case.