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(영문) 수원지방법원오산시법원 2016.11.10 2016가단53
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by this Court Decision 2014Gaso7481 and Suwon District Court Decision 2015Na8213 is enforced.

Reasons

1. In a case of demurrer, even if the original obligation indicated in the executive title becomes extinct by repayment or deposit, insofar as the cost of execution that the obligor is obligated to reimburse is not repaid, the obligor’s execution is not entitled to seek an exclusion of the whole executory power of the pertinent executive title (see, e.g., Supreme Court Decisions 2011Da105195, 208Da10051, 2008Da10051, 91Da41620, 89Da2536, 89Da12121, among the cost of execution.)

2. The principal and interest of each judgment stated in paragraph (1) of this Article are KRW 3,809,259, and the execution expenses incurred by the Defendant in relation to the compulsory auction of real estate at Suwon District Court C with the execution right of each judgment above are KRW 1,110,860.

3. If so, 3,816,162 won deposited by the Plaintiff is insufficient in total to KRW 4,920,119,103,957.

4. Therefore, the objection of this case is justified only for the portion exceeding KRW 1,103,957.

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