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(영문) 서울중앙지방법원 2016.06.16 2016가단28963
청구이의
Text

1. The Defendant’s decision against the Plaintiff is based on Seoul Central District Court Decision 2012Gahap103160 Decided October 24, 2013.

Reasons

1. Facts of recognition;

A. On October 24, 2013, in Seoul Central District Court Decision 2012Gahap103160, the Defendant rendered a judgment against the Plaintiff that the Plaintiff would pay to the Defendant 89,670,000 won and interest calculated at the rate of 5% per annum from January 28, 2011 to October 24, 2013, and 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”).

B. According to the judgment of this case where a provisional execution is possible, the Defendant applied for a decision to commence a compulsory auction for real estate, which is the debtor and owner, to Seoul Northern District Court C, and received the decision to commence the compulsory auction on November 19, 2014.

In September 14, 2015, the decision of permission for sale was made on real estate subject to compulsory auction.

C. On February 26, 2016, the Plaintiff deposited KRW 146,286,531 [The principal amount = KRW 89,670,00 for delay delay damages ( KRW 12,283,562, KRW 41,953,129)] with the Seoul Western District Court (Seoul Western District Court Decision 2015Da909 decided February 26, 2016, the Plaintiff deposited KRW 2,379,840 for auction expenses.

The Defendant deposited less than 12,516 won out of the principal and interest of the instant judgment until February 25, 2016, but received the said deposit in order to withdraw the auction.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Since the obligation based on the judgment of this case has ceased to exist in full due to the Plaintiff’s deposit for repayment and the Defendant’s deposit money, compulsory execution based on the judgment of this case shall be dismissed.

3. Conclusion Claim of the Plaintiff

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