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(영문) 서울중앙지방법원 2020.11.19 2020가단17113
청구이의의 소
Text

The defendant's compulsory execution against the plaintiff is based on the Seoul Central District Court 2015Kao2981's decision to determine the costs of lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant for the return of unjust enrichment, which became final and conclusive after the Plaintiff’s lawsuit against the Defendant, and filed an application for the determination of the amount of litigation costs under the Supreme Court Decision 2011Na28259 Decided this Court, the appellate court, and Supreme Court Decision 2012Da22501 Decided this Court, the appellate court, and Supreme Court Decision 2012Da2981 Decided this Court.

On February 16, 2016, a decision was rendered to confirm that the Plaintiff was KRW 11,204,700 in the amount of litigation expenses to be repaid to the Defendant by the judgment on the instant case, and the said decision (hereinafter “instant decision”) became final and conclusive as all appeals and reappeals were dismissed.

B. Based on the instant decision, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff to the Youngcheon District Court Young-gu Branch C for compulsory execution.

Accordingly, the Defendant deposited KRW 11,954,700 in total and KRW 11,954,700 in the execution cost of the instant decision and KRW 750,000 in the execution cost of the enforcement procedure under Article 487 of the Civil Act, which was received on January 8, 2018 by the Youngcheon District Court Youngcheon District Court’s Young Branch Office, and filed a lawsuit of demurrer against the Defendant under the Seoul Central District Court’s 2018Ka1283.

(1) The Defendant reserved and received an objection to KRW 11,954,700 deposited thereafter). After that, the instant claim objection lawsuit was partially rejected by the Plaintiff to the effect that “The compulsory execution based on the instant decision shall not be permitted to exceed KRW 437,460,” and the Defendant appealed (Seoul Central District Court Decision 2019Na4884), but all appeals (Supreme Court Decision 2019Da18372) were dismissed.

C. After that, on May 8, 2020, the Plaintiff deposited KRW 437,460, which became final and conclusive in the lawsuit of the above objection under the Youngcheon District Court’s Young-gu Branch No. 297 in 2020, and deposited KRW 691,806 in full for execution expenses paid up to that time under the above support No. 298 on the same day.

The defendant on June 4, 2020.

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