(영문) 춘천지방법원영월지원 2019.10.16 2018가단12105

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(영문) 춘천지방법원영월지원 2019.10.16 2018가단12105

청구이의

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1. The instant lawsuit shall be dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution 2018 Chicago305, Nov. 1, 2018

Reasons

1. Facts of recognition;

A. The Defendant filed an appeal against the Plaintiff on December 12, 2013, with the Youngcheon District Court Decision 2013Kao-50, the Defendant filed an appeal against the Plaintiff for the amount of litigation costs relating to the instant case, including the removal of buildings and the delivery of land among the Plaintiff and the Defendant, and the said court rendered a decision on December 12, 2013 that “the costs of litigation relating to the instant case between the Plaintiff and the Defendant shall be borne individually,” and the Defendant filed an appeal with the Chuncheon District Court 2014Ra1 on March 14, 2016. The appellate court rendered a decision on March 14, 2016 that “the first instance court revoked the first instance judgment and the amount to be reimbursed by the Plaintiff to the Defendant is KRW 585,095” (hereinafter “the instant decision on the determination on the amount of litigation costs”).

Therefore, although the Plaintiff re-appealed by Supreme Court Decision 2016Ma526, the Supreme Court decided to dismiss the Plaintiff’s re-appeal on June 17, 2016, and the said decision of dismissal reached the Plaintiff on June 22, 2016.

B. On October 19, 2016, after the decision to determine the amount of litigation costs of this case became final and conclusive, the Plaintiff deposited the Plaintiff with the deposit amount of KRW 585,095 on the ground that the Defendant refused to receive the repayment of the litigation costs according to the above decision by the Seoul Southern District Court (Seoul Southern District Court Decision 2016).

C. On April 26, 2018, the Defendant issued an order to seize and collect the Defendant’s claim against the Plaintiff’s deposit claim against the Seoul Central District Court 2018TTTB under the title of execution (201.375,000 won for execution of KRW 585,095) and (2) as to the Plaintiff’s deposit claim against the Bank under the Seoul Central District Court 2018TB as Seoul Central District Court 2018TB958 [the claim amount: 962,095 won for execution of KRW 585,00 for principal)] each of the claims seizure and collection orders against the Plaintiff’s deposit claim against the Bank.

The defendant's filing of a claim for the collection of money and

유사 판례

-춘천지방법원영월지원태백시법원 2016.06.09 2015가단708

-서울중앙지방법원 2020.11.19 2020가단17113

-춘천지방법원속초지원 2017.10.17 2017가단1204

-서울중앙지방법원 2018.12.18 2018가단1283

-춘천지방법원영월지원 2015.04.01 2014가단3349