beta
Text
1. The Defendant’s execution against the Plaintiff is the Seoul Southern District Court Decision 2014Kao-10238 Costs of lawsuit.
Reasons
1.The following facts may be found either in dispute between the parties or in Gap evidence 1 to 7, Eul evidence 1, 2 and 3 (including each number): the whole purport of the pleadings.
The defendant filed an application for compulsory auction against the plaintiff at this Court A with KRW 6,614,560, based on an executory exemplification of the decision of the court 2014Kada10238 amount of litigation costs.
When the Defendant applied for a compulsory auction on the above real estate, registration license tax of KRW 13,220, education tax of KRW 2,640, registration fee of KRW 3,00, and revenue stamp of KRW 5,000, and KRW 23,860 were required. In requesting it to the Dasan Certified Judicial Scriveners Office, the Defendant paid KRW 420,000 to the above office.
Accordingly, on February 13, 2015, the Plaintiff deposited the amount of KRW 6,614,560 as Seoul Western District Court 2015No. 655 with the Defendant as the principal deposit. On May 21, 2015, the sum of KRW 765,260, service charges, and KRW 25,90,160, out of the expenses incurred in the above real estate compulsory auction case, deposited KRW 791,160 in the account under the name of the Defendant designated by the Defendant (National Bank 837601-04-246410), and again deposited KRW 443,860, including registration and license tax, in the above account on June 8, 2015.
2. According to the above facts of determination, since the plaintiff's debt 6,614,560 won against the defendant based on an executory exemplification of the decision on the amount of the above litigation costs, and the total execution cost incurred in relation to a compulsory auction application case of real estate based on the above original copy of the decision is fully repaid (=791,160 won), compulsory execution based on the executory exemplification of the decision on the amount of the above litigation costs is not allowed.
3. If so, the Plaintiff’s claim is accepted on the grounds of its reasoning, and this Court decides to authorize the ruling of the suspension of compulsory execution as of February 24, 2015 with regard to the case of the application for the suspension of compulsory execution as of February 24, 2015. It is so decided as per Disposition.