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(영문) 수원지방법원여주지원 2015.07.21 2014가단11040
청구이의
Text

1. The Defendants’ decision on the determination of the costs of lawsuit against the Plaintiff is based on the Suwon District Court Branch Decision 201Kao-93.

Reasons

1. The Defendants filed an application for compulsory auction (this case’s decision) against the Plaintiff’s real estate based on the original copy of the instant decision with respect to the compulsory auction (this case’s decision) against the Defendants on July 1, 2014; and comprehensively taking account of the purport of the entire pleadings as indicated in the evidence Nos. 1 and 2, the Defendants filed an application for the determination of litigation costs by the court of Suwon District Court Decision 2006Da12406, Suwon District Court Decision 2009Na4180, and Supreme Court Decision 2009Da101251, Feb. 10, 2012; the court of this case decided on February 10, 2012 that the amount of litigation costs to be repaid to the Defendants (hereinafter “instant decision”); the Defendants filed an application for compulsory auction (this case’s decision) with respect to the Plaintiff’s real estate on July 1, 2014; the Defendants rendered compulsory auction order on the Plaintiff’s real estate on October 214, 2014 2014.

2. The assertion and judgment

A. The plaintiff asserts that inasmuch as the obligation based on the decision of this case was fully repaid, compulsory execution based on the decision of this case should be dismissed.

As to this, the defendants asserted that the expenses for compulsory execution upon the above application for compulsory auction (hereinafter "execution expenses of this case") have not been paid, so the defendants' obligations against the plaintiff under the decision of this case have not been extinguished.

B. The expenses necessary for the compulsory execution under Article 53(1) of the Civil Execution Act, which are borne by the debtor, shall be reimbursed preferentially in the execution. The expenses for such execution are based on the pertinent enforcement title, which serves as the basis for the execution without any separate enforcement title, indicated in the enforcement title in the relevant compulsory execution procedure.

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