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1. The defendant's compulsory execution against the plaintiff is denied pursuant to the Incheon District Court 2014 money24676 mediation protocol.
2. This.
Reasons
1. Facts recognized;
A. From the date of conciliation on January 27, 2015 of Incheon District Court Decision 2014M24676 decided January 27, 2015, the conciliation was concluded that “the Plaintiff shall pay KRW 41 million to the Defendant, but the Plaintiff shall pay KRW 10250,000 on the last day of each month from February 2, 2015 to May 2015. However, if the Plaintiff neglected to pay the said money once, he/she shall lose the benefit of the time and pay the balance at one time, but he/she shall pay the balance at a rate of 20% per annum from the date following the delay to the date of full payment.”
B. Based on the original copy of the above conciliation protocol, the Defendant applied for a compulsory auction to the Cheongju District Court Jeju Branch Branch C, and started the auction procedure on April 16, 2015.
C. On February 12, 2016, the Plaintiff deposited KRW 50,129,947 in full, including the principal amount of KRW 41 million in the Incheon District Court Decision 1369 No. 2016, March 1, 2015 to February 12, 2016; and the execution cost of KRW 1,289,40 in the said deposit period; and the Defendant deposited KRW 50,129,947 in full.
In addition, on February 29, 2016, the above auction court notified the defendant to pay 964,900 won of the auction sale commission, which the plaintiff paid to the auction court on March 17, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of claim, since all obligations arising from the above conciliation were extinguished, compulsory execution under the above conciliation protocol cannot be permitted.
3. In conclusion, the plaintiff's claim of this case is reasonable, and the judgment in favor of the plaintiff is pronounced, and the costs of the lawsuit are borne individually in consideration of the progress of the case.