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(영문) 수원지방법원 2016.06.09 2016가단12263
청구이의
Text

1. The Defendant’s decision as of February 11, 2014 on this Court’s determination of the amount of litigation cost No. 2013Kao1055 against the Plaintiff.

Reasons

Basic Facts

Plaintiff

With respect to the litigation cost of the consolation money case No. 2013Gahap4411 of this Court between the non-party and the non-party and six others, the defendant et al. appointed the defendant as the appointed party and applied for the determination of the amount of litigation cost under this Court No. 2013Kao105.

Plaintiff

The non-party 1 received the decision as stated in Paragraph 1 of the Disposition (hereinafter “instant decision”) that the amount of litigation cost to be repaid to the defendant and the non-party 6 is KRW 757,303, respectively.

Based on the executory exemplification of the instant decision, the Defendant applied for a compulsory auction of real estate, the debtor and the Plaintiff, to this court C, and was ordered to commence January 8, 2015.

On March 22, 2016, the decision of permission for sale was made on the part of the object of the compulsory auction.

On March 24, 2016, the Plaintiff deposited the amount of KRW 3,327,636 (i.e., KRW 757,303 for delay damages of KRW 51,973 for delay damages of KRW 757,303 for delay damages of KRW 2,518,360) with the Defendant as the principal deposit in the Incheon District Court Decision No. 2822 in 2016.

On April 4, 2016, the Defendant received the deposit money.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including the number of branch offices) and the purport of the whole pleadings, but an obligation based on the decision of this case has expired in full due to the plaintiff's repayment deposit and the receipt of the defendant's deposit. Therefore, compulsory execution based on the decision of this case should be dismissed.

The plaintiff's claim is accepted.

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