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1. The Defendants’ assertion is based on the Suwon District Court Decision 2015 Ghana13217 Decided April 1, 2016.
Reasons
1. Basic facts
A. The Defendants filed a lawsuit against the Plaintiff as this Court No. 2015 Ghana13217. On April 1, 2016, the said court rendered a judgment against the Defendants on the following: “The Plaintiff shall pay to the Defendants the money calculated at the rate of KRW 2,350,335 per year from September 10, 2015 to the date of the Defendants’ loss of ownership or the end date of the Plaintiff’s occupation” and the said judgment became final and conclusive around that time.
(hereinafter “the final judgment of this case”). (b)
The Defendants, with the final and conclusive judgment of this case as executive title, filed an application for compulsory auction of real estate for one-six shares out of 153 square meters owned by the Plaintiff at the rate of KRW 2,350,335 per year from July 9, 2016 to the date when the Defendants lose their ownership or the date when the Plaintiff occupies the Plaintiff’s ownership.
C. On July 10, 2017, the Plaintiff deposited the amount of KRW 5,071,360 (4,443,600, and KRW 627,760, calculated by the ratio of KRW 640 per day from September 10, 2015 to July 31, 2017) with the Daejeon District Court No. 3660, 2017.
(hereinafter referred to as "the deposit of this case") d.
This Court shall suspend compulsory execution based on the final and conclusive judgment of this case until this Court renders a judgment on July 12, 2017 with respect to cases of application for the suspension of compulsory execution 2017 Chicago48.
‘The decision' was made.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of recognition, since the obligation of the Plaintiff to July 31, 2017 out of the Plaintiff’s obligation to the Defendants on the instant final and conclusive judgment was extinguished by payment by the Plaintiff’s deposit of this case, the said obligation ultimately remains at least 2,350,335 won per annum from August 1, 2017 to the date of the Defendants’ loss of ownership or the end of the Plaintiff’s possession.
Therefore, compulsory execution based on the final judgment of this case shall be limited to the part exceeding the remaining obligations.