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(영문) 부산지방법원 2018.08.28 2018가단42
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Busan District Court Decision 2017Kao-442 decided on the litigation cost.

Reasons

1. Facts of recognition;

A. On January 15, 2015, the Plaintiff filed a lawsuit against the Defendant for a loan claim (Jansan District Court 2015Da3842), and the Busan District Court rendered a judgment against the Plaintiff on September 22, 2016, and each appeal and appeal were dismissed on March 23, 2017 and June 15, 2017 (Jansan District Court 2016Na50693, Supreme Court 2017Da221662), and the judgment was finalized on June 19, 2017.

B. On July 4, 2017, the Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs (Dasan District Court 2017Kada442). On October 13, 2017, the Busan District Court rendered a final determination of the amount of litigation costs with the purport that “The amount of litigation costs that the Plaintiff shall reimburse to the Defendant by means of the loan case between the Defendant and the Plaintiff is KRW 12,235,270” (hereinafter “the final determination of the amount of litigation costs of this case”). On October 25, 2017, the final determination of the amount of litigation costs became final and conclusive.

C. On December 15, 2017, based on the decision on the determination of litigation costs, the Defendant filed an application for compulsory auction of real estate on the amount of 144.9 square meters owned by the Plaintiff for the compulsory auction of real estate (Dasan District Court D), and on December 19, 2017, the registration of the decision on compulsory auction was completed.

On December 29, 2017, the Plaintiff deposited a total of KRW 12,672,630 (i.e., the sum of KRW 12,235,270 based on the final determination of the amount of litigation costs, and KRW 437,360).

(Seoul Central District Court No. 28126). e.

On January 11, 2018, the defendant withdrawn an application for compulsory auction of real estate, and the registration of the decision to commence compulsory auction was cancelled on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of the determination as to the cause of the claim, the Plaintiff’s obligation based on the determination of the amount of litigation costs against the Defendant by depositing KRW 12,672,630.

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