1. The plaintiff's claim is dismissed.

2. With respect to cases of applying for a suspension of compulsory execution, this Court on September 27, 2017.

1. Basic facts

A. On June 7, 2017, the Defendant filed an application with the Seoul Central District Court for the determination of the amount of litigation costs with the Seoul Central District Court 2017Kacal32566, and decided on June 7, 2017 that “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant by the judgment on the revocation of the disposition to dismiss representatives from Seoul Central District Court 2016Kahap6328, Seoul High Court 2016Na2074584,” and the said decision became final and conclusive as it did not file an

(hereinafter “Determination of the amount of litigation costs of this case”) B.

On September 6, 2017, the Defendant applied for a compulsory auction under the Seoul Central District Court E with respect to the Seoul Dongjak-gu Seoul Metropolitan Government and D ground B Apartment 107, 1203, which was owned by the Plaintiff and received a decision to commence compulsory auction on September 6, 2017.

(hereinafter “instant compulsory auction”). C.

On September 21, 2017, the Plaintiff deposited KRW 6,208,398 upon the determination of the amount of the above litigation costs with the Defendant as the principal deposit.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Determination

A. According to the above facts finding as to the cause of the claim, since the claim based on the determination of the amount of litigation costs of this case, which is the executive title of the defendant against the plaintiff, has ceased to exist, the plaintiff may seek the exclusion of enforcement pursuant to the above determination.

B. The defendant's defense (1) asserts that since the expenses incurred by the application for a compulsory auction of this case have not been repaid, the plaintiff cannot seek an exemption from the executory power of the decision on the amount of litigation costs of this case.

(2) Costs necessary for compulsory execution are to be borne by the debtor and to be reimbursed preferentially by the execution. Therefore, these costs of execution may be collected together with the claims indicated in the execution title in the compulsory execution procedure concerned, based on the enforcement title, which is the basis of the execution without any separate enforcement title. Therefore, the original obligation indicated in the enforcement title is to be repaid.