logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2019.08.14 2019가단1567
청구이의
Text

1. The Defendant’s decision on the advance payment of the cost of alternative execution D on April 30, 2018 to the Plaintiff of Busan District Court.

Reasons

1. Facts of recognition;

A. A. Around 2013, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the land by this Court No. 2013da8948, and was sentenced to a favorable judgment on August 14, 2013 by the said court, and the said judgment became final and conclusive around that time.

B. Based on the above final judgment, the Defendant received a decision of substitute enforcement on October 1, 2013 from this court E, and on April 30, 2018, the Defendant received a decision of advance payment of alternative enforcement expenses (hereinafter “the instant decision”) with the purport that “the Plaintiff shall pay KRW 16,00,000 to the Defendant”; and the instant decision was finalized on May 16, 2018.

C. On October 18, 2018, upon the Defendant’s application, a decision to commence compulsory auction was rendered on real estate owned by the Plaintiff as F of this Court. D.

On June 21, 2019, the Plaintiff deposited the deposited amount of KRW 16,00,000, KRW 5,000, KRW 27,300, and KRW 16,032,30, under the instant decision by this Court Decision as the Defendant for the deposited amount of KRW 16,00,000, KRW 16,030, and KRW 27,300, pursuant to the instant decision by this Court. On July 3, 2019, the Plaintiff deposited the deposited amount of KRW 520,70,00 for other execution costs under the 2019, KRW 1240.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 13, 14, Eul evidence 2, the purport of the whole pleadings

2. According to the above facts of recognition, since the Defendant’s prior payment claim against the Plaintiff for alternative execution expenses based on the instant decision has expired in full due to the Plaintiff’s respective repayment deposit, compulsory execution based on the instant decision shall be dismissed.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

arrow