1. Compulsory execution based on the judgment of the District Court 2018Na215702 Decided July 25, 2019 against the Defendant’s Plaintiff is a compulsory execution against the Defendant’s Plaintiff.

1. Basic facts

A. On November 20, 2018, the judgment in favor of the Defendant rendered a partial favorable judgment against the Defendant that “the Plaintiff shall pay KRW 8,725,000 and delay damages therefor to the Defendant,” where the Defendant claimed the return of the loan against the Plaintiff. Accordingly, the judgment in favor of the Defendant was rendered on July 25, 2019 that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of KRW 6,325,00 and 5% per annum from the day following the day when this judgment became final and conclusive to the day of full payment,” and the judgment in the above appellate judgment (hereinafter “the final judgment in this case”) became final and conclusive on August 13, 2019.

B. Based on the instant final judgment, the Defendant applied for a compulsory auction (hereinafter referred to as “instant compulsory auction”) on the Plaintiff’s real estate to Seosan Branch C of the Daejeon District Court on August 20, 2019, and rendered a decision to commence compulsory auction on August 26, 2019, and the Plaintiff deposited KRW 6,325,00 in the sum of the principal amount of the final and conclusive judgment on August 30, 2019, and KRW 14,729 in the amount of KRW 6,339,729 in the deposit (five percent per annum on the 17th day of delay).

(c) On September 17, 2019, the Plaintiff filed a lawsuit of demurrer against the Defendant for the refusal of compulsory execution based on the final judgment of the instant case. On November 20, 2019, the Defendant voluntarily withdrawn the application for compulsory auction on the same date. The amount to be claimed to the Plaintiff as the expenses for the execution incurred by the Defendant during the said compulsory auction process is KRW 601,286 (i.e., payment for the first auction, delivery charges, stamp charges, registration fees, registration fees, total registration fees, KRW 1,766,180 (i.e., KRW 1,164,895). [Grounds for recognition] The fact that there is no dispute, and evidence Nos. 1 through 7 (including serial numbers; hereinafter the same shall apply) of the instant claim.

No. 1 and the purport of the whole pleadings

2. The judgment is necessary for compulsory execution in accordance with Article 53(1) of the Civil Execution Act.