beta
Text
1. The Defendant’s Changwon District Court Decision 2013Kadan24545 (Mains) decided October 16, 2015, and 2015Kadan3559 (Counterclaim) against the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition (1) on October 16, 2015, the Defendant: (a) removed the building and delivered land, etc., between the Plaintiff and the Changwon District Court 2013da2455 (main office) and (b) removed the building and delivered land, etc.; and (c) removed the building and transferred land, etc., with respect to the same case, the Defendant rendered a final and conclusive judgment by the same court that determined that the amount of money calculated at the rate of KRW 87,316 per month from December 8, 2011 to October 16, 2015 (hereinafter “instant judgment”).
(2) On July 8, 2016, the Defendant filed an application for a compulsory auction with the Changwon District Court D on the basis of the part ordering monetary payment among the instant judgment rendered on July 8, 2016, for a compulsory auction of 383 square meters in Kim Jong-si owned by the Plaintiff.
(3) The Plaintiff deposited KRW 4,715,070, which was calculated at the rate of KRW 87,316 per month from December 8, 2016 to June 7, 2016, and KRW 19,310, which was calculated at the rate of KRW 87,316, in accordance with the portion of the instant judgment ordering monetary payment for the Defendant. On October 28, 2016, the Plaintiff deposited KRW 4,715,070, and KRW 19,310, which was calculated at the rate of KRW 87,316, monthly from June 8, 2016 to January 7, 2017, which was pending in the instant lawsuit.
[Reasons for Recognition] There is no dispute, Gap 1-8's statements and the purport of the whole pleadings
B. According to the facts of recognition, the part of the Defendant’s claim against the Plaintiff, among the instant judgment, pertaining to the portion of the claim that the Defendant ordered the payment of the money, which falls under the period from December 8, 2011 to January 7, 2017, is extinguished by the deposit for repayment. As such, the part of the judgment ordering the payment of money exceeds the amount calculated by the ratio of KRW 87,316 per month from January 8, 2017 to the completion date of the removal of buildings and the delivery of land.