1. The lawsuit of this case is dismissed in exchange for another court.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. The Plaintiff asserted against the Defendant by filing a lawsuit for the delivery of a building with the Incheon District Court 2016Kadan211322, and received a favorable judgment of the non-litigation, and the Plaintiff conducted the delivery of a real estate against the Defendant based on the above judgment.

In the process, expenses for compulsory execution equivalent to KRW 3,620,00 were incurred due to the key, warehouse, and witness expenses. This is the damage incurred to the plaintiff due to the defendant's illegal act not arbitrarily delivered the real estate. The defendant should pay the plaintiff the amount stated in the claim and damages for delay, excluding KRW 1,591,080, which was determined in the final decision on the execution cost amount among the above compulsory execution expenses.

2. The cost of execution that was not reimbursed in the course of the judgment on compulsory execution shall be separately applied for a decision on the amount of execution cost to the court of execution and executed the said decision as its executive title. It is unlawful to seek payment of money equivalent to the cost of execution to the debtor by a separate lawsuit as there is no benefit of lawsuit (see, e.g., Supreme Court Order 96Da8, Aug. 21, 1996; Supreme Court Order 2001Da26873, Jul. 27, 2001; etc.). The cost claimed by the plaintiff by the lawsuit in this case falls under the cost of execution as necessary for the preparation and execution of civil execution. Thus, it is not allowed to seek a separate lawsuit, other than the application for the determination on the amount of execution cost, and as long as the cost of execution is the cost of execution, it does not change even if the cause of claim constitutes tort.

3. Conclusion