Busan District Court 2015Kadan21818 decided May 3, 2016.

Facts of recognition

On May 3, 2016, in Busan District Court Decision 2015Gadan21818, which the Defendant filed against the Plaintiff, a mediation was established to the effect that “The Plaintiff shall remove the buildings attached Form No. 10, 9, 18, 12, 11, and 10 of the 661 square meters of the 35 square meters of the 35 square meters of the 10,9, 18, 12, 11, and 10 attached appraisal among the 661 square meters of the 10,000 square meters of the 35 square meters of the 35,000 square meters of the land connected to the Defendant by September 10, 2016, and deliver the said land to the Defendant.”

(hereinafter “instant conciliation”). On January 6, 2017, the Defendant applied for a compulsory auction on the Plaintiff’s real estate owned by the Plaintiff as the claimed amount of KRW 2,875,00 (referring to the amount corresponding to KRW 115,00 x 115,00 x 25 months from November 18, 2014 to December 18, 2016) according to the instant conciliation protocol and rendered a ruling to commence compulsory auction on February 6, 2017.

(hereinafter “instant auction”). On September 14, 2017, around 13:02, the Plaintiff completed the removal and delivery execution in accordance with the instant conciliation protocol to the enforcement officer delegated by the Defendant in the case 2016No. 5571.

The Plaintiff deposited KRW 3,910,00 in total, including KRW 2,875,00 on February 15, 2017, KRW 690,00 on July 10, 2017, KRW 345,000 on October 18, 2017, and KRW 837,429 on October 18, 2017 (the Defendant deposited KRW 1,50,000 on the cost of execution for the instant auction, but the actual cost of execution was KRW 837,429 on the deposit of KRW 1,50,00 on the cost of execution for the instant auction).

(hereinafter “instant deposit money” (hereinafter “this case’s deposit”). According to the following facts: (a) there is no dispute; (b) Gap evidence Nos. 1 through 5, and Eul evidence Nos. 1 and 1 evidence Nos. 1 (including a serial number); and (c) the results of the fact-finding inquiry; and (d) the purport of the entire pleadings as to the determination of the purport of the entire pleadings, the Plaintiff is the Defendant, according to the instant conciliation protocol, as seen above, KRW 3,902,333 (15,00 won x 115,00 won x 33 months x 115,000 won x 28 days x 30 days / 30 days) calculated on September 14, 2017, the delivery of which is completed.