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(영문) 서울동부지방법원 2016.01.15 2013가단123228
청구이의
Text

1. The Defendant’s decision on February 1, 201 with Seoul Eastern District Court Decision 201Gahap16248 (Mains) and 16255 (Counterclaim) (Counterclaim) is rendered against the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 1, 2012, the Plaintiff filed a lawsuit of demurrer against the Defendant, etc. against grant of execution clause, and the Defendant filed a counterclaim against it. On February 1, 2012, the said court rejected compulsory execution based on the executory protocol of mediation issued on March 10, 2011 by the Seoul Eastern District Court 201Na7456 against Nonparty C and the Defendant, and the Seoul East Eastern District Court 201Na7944, respectively, as to each of the conciliation protocol of Nonparty C and the Defendant, and the Seoul East East East District Court 201Na794.

2. The plaintiff declared that "the defendant shall pay 5 million won to the defendant" was sentenced to a provisional execution declaration (Seoul East Eastern District Court 201Gahap16248, 16255 (Counterclaim); hereinafter "the judgment of this case"). The plaintiff and the defendant appealed all of the plaintiff and the defendant in the appellate trial [Seoul High Court 2012Na30832 (Main Office), 30849 (Counterclaim)] while the plaintiff and the defendant appealed from all of the appeal, it is confirmed that the plaintiff and the defendant do not have any claims and obligations between the plaintiff and the defendant except the legal relations set forth in the judgment of this case.

"The decision of recommending reconciliation" became final and conclusive on February 19, 2013, and the decision of this case became final and conclusive as it is.

B. Based on the instant judgment, the Defendant filed an application for compulsory auction against the Plaintiff’s housing of 88.9 square meters and 2-story owned by Seongdong-gu Seoul, Seoul, for a compulsory auction. On February 21, 2012, the decision to commence compulsory auction was rendered on February 21, 2012.

hereinafter referred to as "the auction procedure of this case"

C. As to the deposit based on the instant judgment, on March 29, 2012, the Plaintiff made the Defendant as the principal deposit, and as to the Seoul Eastern District Court, the Plaintiff deposited KRW 5 million, which is the amount based on the instant judgment, with gold No. 1390 in 2012, at the Seoul Eastern District Court (hereinafter “the deposit”).

After that, the court filed an application for the suspension of compulsory execution, and this court shall suspend compulsory execution based on the judgment of this case until the appellate court is sentenced on April 2, 2012.

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