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(영문) 수원지방법원성남지원광주시법원 2017.07.06 2017가단38
청구이의
Text

1. On May 30, 2016, Suwon District Court 2016Daga8152 decided May 30, 2015, against the Defendant’s Plaintiff.

Reasons

1. Facts of recognition;

A. On May 30, 2016, the Defendant filed a lawsuit against the Plaintiff for the claim for construction cost by the Suwon District Court 2016Gau8152, Sungnam-si, Gwangju District Court 2016, the Defendant received a decision of performance recommendation that “the Plaintiff shall pay to the Defendant 11,890,000 won and interest calculated at the rate of 15% per annum from June 11, 2016 to the date of full payment,” and the said decision became final and conclusive on June 25, 2016.

B. Based on the above decision on performance recommendation, the Defendant filed an application for compulsory auction with Suwon District Court C on the real estate owned by the Plaintiff and received a decision to commence compulsory auction on July 29, 2016.

C. On March 6, 2016, the Plaintiff deposited the principal of the instant decision of performance recommendation and KRW 13,204,415 with the principal and interest from June 11, 2016 to the deposit date as the head of Suwon District Court Branch Branch, Sung-nam Branch, 2017, with the Defendant as the principal and interest of the said decision of performance recommendation as the principal and interest from June 11, 2016 to the deposit date, and thereafter, the Plaintiff paid the Defendant the expenses for the execution of the said compulsory auction.

On the other hand, on March 8, 2017 at the request of the Plaintiff, there was a decision to suspend compulsory execution based on the decision of performance recommendation by the court of Sung-nam District Court 2017Kabu4.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 4-1, 2, Gap evidence 5-1, 5-2, and the purport of the whole pleadings

2. According to the above facts of recognition, since all debts indicated in the above decision of performance recommendation were extinguished due to the plaintiff's repayment deposit, etc., and the execution expenses were fully repaid, compulsory execution based on the above name of debt shall be dismissed.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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