The part of the claim against the Defendant (Counterclaim Plaintiff) of the Plaintiff’s counterclaim is dismissed.

As to the legitimacy of the part of the claim for enforcement costs in this lawsuit, the Plaintiff asserted that the Defendants are liable to pay the above KRW 4,002,670 to the Plaintiff due to the tort damages, and that the Defendants are liable to pay the said KRW 4,002,670 and the damages for delay therefrom, by asserting that the Defendants were liable to pay the said KRW 4,002,670 to the Plaintiff as compensation for damages, while executing a delivery execution seven times between February 7, 2013 and October 18, 2013, by nonperformance of the Defendants’ duty to deliver buildings.

On the other hand, since the fee paid to an execution officer for the delivery of a building falls under the execution cost prescribed in Article 53(1) of the Civil Execution Act and Article 24(1) of the Civil Execution Rule, if not reimbursed during the execution procedure, it shall be separately applied for a decision on the amount of execution cost to the execution court and execute the decision in the name of the debtor, and it shall not be allowed to seek a separate lawsuit against the debtor for the payment of the amount equivalent to the fee paid to the execution officer (see, e.g., Supreme Court Order 96Do8, Aug. 21, 1996). Thus, the plaintiff's claim against the defendants against the defendants

Basic Facts

On December 1, 2005, the Plaintiff concluded an exchange contract with Defendant C, who is Defendant B and his children, by exchanging the Plaintiff’s land No. 351 square meters and its ground (hereinafter referred to as the “instant building”). The Plaintiff signed an exchange contract by calculating the exchange value of each real estate by acquiring the other party’s obligation on each real estate and deducting the amount of the obligation from the exchange value.

(hereinafter) The Defendants completed the registration of ownership transfer of each of 1/2 shares with respect to the instant real estate on December 2, 2005, and thereafter, from the lessee of the instant real estate.