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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 25, 2010, in the case of claim, such as the Busan District Court Decision 2009Da146236, which the Defendant filed against the Plaintiff, the conciliation was concluded that “the Defendant (the Plaintiff “B” refers to the Plaintiff (the Defendant “Defendant B”) collected trees planted on the ground of each land indicated in the separate sheet as indicated on April 30, 2013, from which the Plaintiff (the Defendant “Defendant B” refers to the Plaintiff) collected trees planted on the ground of each land indicated in the separate sheet, and deliver the said land. However, on each of the above lands, the land described in No. 1 listed on No. 5 is handed over by June 30, 2010.”
B. However, as the Plaintiff failed to perform the duty of collection and delivery under the above conciliation, the Defendant filed an application for replacement execution with the Busan District Court D on May 7, 2013, and on June 11, 2013, the said court rendered a ruling that “the creditor (the “Defendant B” of this case may remove the structures and trees planted in the above land at the expense of the debtor (the “Plaintiff B” of this case) to the execution officer entrusted by him.”
C. On December 3, 2013, this Court enforcement officer, upon delegation by the Defendant, collected trees, etc. on each of the above lands from this Court No. 2013No. 1992, and transferred each of the above lands to the Defendant. On the other hand, the movables, which are not the subject matter of execution, are in custody of the Defendant.
On February 13, 2014, the Defendant filed an application with this Court for the determination of the amount of execution expenses for the above collection and delivery execution. On February 21, 2014, this Court sent the original copy to the Plaintiff on February 21, 2014, and subsequently, on March 10, 2014, rendered a decision of KRW 11,90,550 including the total labor cost, etc. to be repaid by the Plaintiff to the Defendant (hereinafter “decision on the determination of the amount of execution expenses of this case”), which became final and conclusive as is.
E. In the above execution cost determination procedure, the Plaintiff was served with the highest copy on February 25, 2014, but did not submit a written opinion. On March 14, 2014, the Plaintiff received a service of the final decision on the execution cost amount, but filed an immediate appeal.