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(영문) 인천지방법원 2015.05.08 2015가단11082
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by the Incheon District Court Decision 2013Kadan8626 Decided June 17, 2014 is enforced.

Reasons

1. Facts recognized;

A. On June 17, 2014, the Incheon District Court Decision 2013Gadan86266, which the Defendant filed against the Plaintiff, rendered a judgment that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of KRW 1,008,000 per month from October 26, 2013 to October 27, 2013, the amount of KRW 1,5120,000 per month (hereinafter “the instant judgment”), and the instant judgment became final and conclusive on July 12, 2014.

B. The Plaintiff deposited the Defendant as the principal deposit with respect to the Defendant’s obligations under the instant judgment as follows.

(1) On February 27, 2015, Jeju District Court No. 315: 32,589,330 won (i.e., the sum calculated at the rate of KRW 1,008,000 per month from October 26, 2013 to February 27, 2015, the deposit date of KRW 16,195,205,274,130, the filing cost of an application for auction of real estate (2) (2) on March 26, 2015, Jeju District Court No. 2015, No. 434: 1,08,000 won (from February 28, 2015 to March 27, 2015), the purport of which is 1,00,000 won or more per each of the pleadings / [2,00,000 won per annum]

2. According to the above facts of recognition as to the cause of the claim, the part calculated at the rate of KRW 1,5120,000 among the debt under the judgment of this case and KRW 1,008,000 per month from October 26, 2013 to March 27, 2015 shall be deemed to have been extinguished due to the Plaintiff’s deposit for repayment. Therefore, compulsory execution based on the judgment of this case shall be denied for the portion exceeding the amount calculated at the rate of KRW 1,08,00 per month from March 28, 2015 to the completion date of delivery of the above land.

3. In conclusion, the plaintiff's claim of this case is reasonable, and thus, the court below rendered a favorable judgment against the plaintiff.

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