Text
1. The Defendant’s decision on the lower court’s final decision on the litigation costs No. 2017Kao-1004 against the Plaintiff.
Reasons
1. Basic facts
A. On April 6, 2017, the lower court rendered a ruling that “the amount of litigation expenses that the Plaintiff is liable to reimburse to the Defendant by the judgment on the land delivery case against the Plaintiff was KRW 2,171,760,00, the lower court determined on April 6, 2017, which determined that “the amount of litigation expenses that the Plaintiff is liable to reimburse to the Defendant by the judgment on the land delivery case was KRW 2,171,760,” and that the said ruling became final and conclusive at that time.”
(hereinafter referred to as the “instant decision”). B.
The Defendant filed an application for compulsory auction (hereinafter “instant compulsory execution”) with respect to the real estate owned by the Plaintiff as the executive title with respect to the instant decision.
C. On September 7, 2017, the Plaintiff: (a) designated the Defendant as the principal; (b) deposited KRW 2,857,160, the sum of KRW 2,867,160, and KRW 319,50,50, out of the expenses incurred in filing an application for compulsory execution of the instant case, the amount of KRW 5645, which was KRW 2,171,765; and (c) deposited KRW 319,500, out of the expenses incurred in filing an application for compulsory execution of the instant case with the District Court Decision No. 6662, Nov. 8, 2017.
[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, since all the claims indicated in the decision of this case have ceased to exist, compulsory execution based on the decision of this case shall be dismissed.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.