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1. Compulsory execution against the Defendant’s Plaintiff by the District Court Decision 2017Kadan28559 Decided September 14, 2018.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff seeking the return of short-term loans (hereinafter “related cases”) with the District Court Decision 2017Da28559, and the Defendant rendered a judgment in favor of the Defendant to the effect that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of KRW 15% per annum from January 11, 2018 to the date of full payment” with respect to KRW 104.940,110 and the amount calculated at the rate of KRW 15% per annum from January 11, 2018.
Therefore, on July 18, 2019, the judgment dismissing the plaintiff's appeal (Ji-gu District Court 2018Na211625) was rendered, which became final and conclusive.
B. On September 27, 2018, the Defendant filed an application for a compulsory auction of real estate for the land and above-ground buildings owned by the Plaintiff for the authentic copy of the judgment related to the relevant case with the title of execution.
(Scksan Branch D (hereinafter “instant compulsory auction”). The Defendant paid KRW 1,850,450, and KRW 6,350,350 on September 21, 2018 as auction proceeds, respectively, and KRW 6,350,350 on October 19, 2018. The amount of KRW 1,850,450 on October 15, 2018, including travel expenses, fees, appraisal fees, etc. (i.e., KRW 136,00, KRW 160,54,450 on October 15, 2018) (i.e., KRW 136,00, KRW 160,554,450 on November 22, 2018) remains a balance of KRW 4,200,000, respectively.
C. On September 28, 2018, the Defendant received a collection order for the claim amounting to KRW 104.940,110 (i.e., principal amount of KRW 104,940,110, interest of KRW 1054,56,50) against the claim amounting to KRW 10,954,02, the execution cost of KRW 556,500), and on December 4, 2018, the Defendant received a seizure and collection order for the claim amount of KRW 82,850,040 (Seoul District Court Branch of Daejeon District Court 2018, Seosan Branch 2974), against the deposit claims against E Co., Ltd., FF associations, and Korea (Law of Korea: Ministry of Science and ICT) against the deposit claims of KRW 82,850,040 (principal amount of KRW 81,137,074, KRW 13,696, KRW 270).
The term "as a general term" is each of the instant cases.