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(영문) 수원지방법원 2017.08.29 2017가단4139
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On February 24, 2017, this Court rendered an application for the suspension of compulsory execution, with respect to the case of applying for a suspension of compulsory execution.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit claiming the Plaintiff to the effect that “20,000 won and the interest thereon shall be paid at the rate of 20% per annum from August 2, 2011 to the date of full payment” with the Plaintiff as the other party.

(U.S. District Court 2011 Ghana9166). (b)

On February 21, 2012, the defendant received a judgment in favor of all of the above cases, and "the judgment of this case" is "the judgment of this case."

(C) The instant judgment became final and conclusive. (c) The Defendant sent to the Plaintiff a mail proving that he/she would apply for a compulsory auction on August 17, 2016, when he/she did not pay the judgment amount to the Plaintiff based on the instant judgment. D) The Defendant applied for a compulsory auction on the Plaintiff’s real estate on September 8, 2016, based on the instant judgment, and the same court ordered the Defendant to pay KRW 1.5 million for the auction deposit on September 9, 2016, and issued a decision to commence compulsory auction on September 30, 2016 (Seoul Western District Court C). On September 26, 2016, the Plaintiff paid the principal of the instant judgment and KRW 406,356,000 as deposit with the Defendant on September 26, 2016, and KRW 160 as deposit with the Defendant on September 26, 2016, the Defendant filed an application for a compulsory auction on KRW 1,506,000,00.

2. The parties' assertion

A. Despite the judgment of the plaintiff in this case, the plaintiff did not have a debt against the defendant.

Since the money corresponding to the judgment of this case was deposited, all of the plaintiff's obligations against the defendant were extinguished.

B. Notwithstanding the deposit made by the Plaintiff, the Defendant applied for compulsory auction.

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