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(영문) 수원지방법원 2017.12.06 2016가단803131
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Suwon District Court Decision 2015Kadan116496 Decided January 14, 2016.

Reasons

1. Facts of recognition;

A. On February 4, 2016, the Defendant filed a lawsuit against the Plaintiff for the return of lease deposit with Suwon District Court 2015Da116496, and was sentenced by the said court on February 4, 2016, that “the Defendant (the Plaintiff of this case) shall pay the Plaintiff (the Defendant of this case) KRW 30 million with 5% per annum from October 4, 2014 to July 13, 2015; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the date of full payment” (hereinafter the instant judgment).

B. Accordingly, the Plaintiff appealed as Suwon District Court 2016Na5473, but was sentenced to the dismissal of the appeal on November 29, 2016, and the said judgment became final and conclusive around that time.

C. According to the judgment of the Suwon District Court 2016Kao 100879 that the Defendant filed against the Plaintiff, the amount of the litigation cost that the Plaintiff is to pay to the Defendant was determined as KRW 4,357,737, based on the judgment of the Suwon District Court 2015Da116496, 2016Na5473.

On July 15, 2015, the Defendant received a decision of provisional seizure of real estate by Suwon District Court 2015Kadan2906 on the land building in Suwon-si, Suwon-si, the Plaintiff owned on July 15, 2015, and completed the provisional seizure registration on July 16, 2015.

After that, for the sake of provisional execution of the judgment of this case, the defendant received a decision of compulsory commencement of auction from Suwon District Court D as to the above building, and completed the registration of commencement of auction on July 29, 2016.

The Plaintiff intended to pay the principal and interest based on the instant judgment to the Defendant, but the Defendant rejected it, and deposited KRW 37,787,671 with the Suwon District Court No. 11528, Dec. 6, 2016, by making the Defendant as the principal and interest of the Defendant as the principal and interest of the instant judgment.

E. Meanwhile, on February 10, 2017, the Plaintiff deposited KRW 4,357,737 of the costs of lawsuit recognized in the Determination of the Amount of litigation costs in the Suwon District Court Decision 2016Ka10879 Decided the amount of lawsuit as the principal deposit in Suwon District Court Decision No. 997 Decided February 10, 2017, on the grounds of the Defendant’s refusal to accept payment.

(f).

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