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1. It is based on the judgment of Jeonju District Court 2017Gau10073 against the Defendant’s Plaintiff.
Reasons
1. Facts of recognition;
A. On August 29, 2017, the Defendant filed a lawsuit against the Plaintiff and D with the Seoul District Court 2017 Ghana 10073, the Seoul District Court rendered a favorable judgment on August 29, 2017, that “The Plaintiff shall pay the Plaintiff and D the amount calculated at the rate of 15% per annum from January 21, 2017 to the date of full payment.”
B. As to the judgment of the first instance, the Plaintiff appealed with the Jeonju District Court 2017Na10360, but was sentenced to the dismissal of the appeal on August 17, 2018, and again, the Plaintiff appealed with the Supreme Court 2018Da263960, but was sentenced to the final judgment on December 27, 2018, and the judgment of the first instance on December 27, 2018 (hereinafter “the final judgment of this case”) became final and conclusive as it is.
C. Meanwhile, based on the final judgment of this case where a provisional execution is declared on September 28, 2017, the Defendant filed an application for compulsory execution against real estate owned by the Plaintiff to the Jeonju District Court Gunsan Branch E, and received a decision to commence compulsory auction on September 29, 2017.
Accordingly, on October 30, 2018, the Plaintiff deposited the amount of goods under the final judgment of this case with the Defendant as the principal deposit in Suwon District Court KRW 21,803,430 (=17,218,200 x 0.15 x (1283/365 x 1283/365)) as the sum of the price of goods and the damages for delay therefor under the final judgment of this case, which was KRW 21,803,435 of Suwon District Court KRW 2018. On November 1, 2018, the Plaintiff was decided to suspend compulsory execution based on the final judgment of this case by the Jeonju District Court 2018Kadan1004 (2013/365).
E. On March 12, 2019, the Plaintiff paid KRW 1,153,738 (=2,197,610) (i.e., registration license tax of KRW 45,610 (i.e., registration license tax of KRW 5,000) and registration license tax of KRW 12,000 for the application fee of KRW 12,005,00 for the registration fee of KRW 185,950 for the auction payment of KRW 1,950,00 for the real estate auction payment of KRW 1,043,872) in relation to the procedure for the compulsory auction of the said real estate under Article 387 of Geumwon District Court Decision 2019.