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1. Of the judgment of the court of first instance, the part against the plaintiff which rejected compulsory execution below shall be revoked.
Reasons
1. Facts of recognition;
A. 1) The Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs as to the Chuncheon District Court’s Gangnam Branch 2012da 8679, 2013Na1034 case. On August 4, 2014, the Defendant rendered a final determination of the amount of litigation costs that the Plaintiff is obligated to reimburse to the Defendant by the previous judgment, which became final and conclusive. The above determination became final and conclusive. 2) The Defendant filed an application with the Defendant for the determination of the amount of litigation costs as KRW 3,618,220 between the Plaintiff and the Plaintiff, which became final and conclusive. 2) The Defendant rendered a final and conclusive determination of the amount of litigation costs as to the Chuncheon District Court’s Gangnam Branch 2014da 1327, 2034 (Counterclaim), Seoul High Court 2015Na208, 2015 or 2015 (Counterclaim District Court) case, which became final and conclusive by the said judgment. 2016.
(hereinafter referred to as the “each of the instant decisions”) b. the determination of each of the above costs of lawsuit.
On October 24, 2017, the Defendant applied for a compulsory auction against the Plaintiff’s real estate as Gangwon District Court Branch D upon each of the instant orders, and the said court rendered a decision to commence compulsory auction on October 25, 2017.
(hereinafter referred to as “instant enforcement procedure”) C.
1) On February 9, 2018, the Plaintiff was obligated to pay the Defendant KRW 9,852,960 according to each of the instant orders by making the Defendant as the principal deposit in Chuncheon District Court Decision No. 125 in 2018, Feb. 9, 2018 (i.e., KRW 3,618,220 (= KRW 6,234,740). Although the Defendant applied for a compulsory auction on the Plaintiff’s real estate and failed to comply with the notification of repayment on December 28, 2017, the Plaintiff deposited the said amount in full due to the cause of deposit, the Defendant reserved the objection on March 23, 2018 and received the full amount of the said deposit.