1. The plaintiff's claim is dismissed.

2. This Court was made on January 21, 2020 with respect to a case of suspension of compulsory execution of 2020 Chicago1.

1. Basic facts

A. A. On August 28, 2019, this Court confirmed that the Plaintiff’s reimbursement to the Defendant was KRW 1,550,000 with respect to the case of nullification of dismissal between the Plaintiff and the Defendant at this Court 2016, 103012, and confirmed that the amount of litigation costs to be paid to the Defendant was KRW 1,550,000, and the said decision was finalized on November 6, 2019.

B. The defendant is the above A.

On November 15, 2019, this court filed an application for a compulsory auction on real estate owned by the plaintiff C in this court on November 15, 2019. In the process, the payment of KRW 4,950 on November 15, 2019, and the payment of KRW 256,50 on the prepayment of the delivery fees was made, and KRW 1,500,000 on November 26, 2019, and the payment of KRW 486,800 out of the payment of the auction proceeds was made.

C. The plaintiff was above B.

(1) On November 28, 2019, after filing an application for an auction of this paragraph, the Defendant as the principal deposit, and the said Defendant as this Court No. 2746, Nov. 28, 2019

The plaintiff deposited only the above KRW 1,550,00, which was determined as the amount of litigation cost to be repaid to the defendant according to the decision of the port.

[Grounds for Recognition: Evidence Nos. 1 through 3, Evidence No. 1-2 through 6, the purport of the whole pleadings]

2. Since the Plaintiff deposits the total amount of KRW 1,550,000 of the costs of lawsuit to be repaid to the Defendant based on the determination of the amount of litigation costs in this case’s assertion, compulsory execution based on the determination of the amount of litigation costs in this case ought to be denied.

3. Determination

A. The obligor shall deposit the entire amount of the obligation if he/she intends to discharge his/her obligation by deposit due to the cause of deposit. The deposit of a part of the obligation shall not take effect unless the obligee accepts it unless there are special circumstances under which some provision is effective in the repayment of the obligation. If the obligor pays expenses and interest of one or more obligations, he/she pays the entire amount of the obligation, and the obligor pays the benefit which the obligor has failed to extinguish.