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1. The Defendant’s compulsory execution against the Plaintiff on February 7, 2017, based on the judgment of 2015Gais38221, is denied.
Reasons
1. Facts recognized;
A. The instant enforcement title is the Defendant’s instant judgment against the Plaintiff on February 7, 2017.
B. On November 1, 2017, the Plaintiff deposited KRW 87,478,972,972, which was the sum of the judgment amount in the title of this case and the auction expenses based on the title of this case, by the court of law No. 4956, Nov. 1, 2017.
[Reasons for Recognition] The entry of Gap evidence 1 to 6, the purport of the whole pleadings
2. The plaintiff's claim based on the executive title of this case, which judged the plaintiff's claim, shall be deemed to have ceased to exist due to the above repayment deposit, and thus, shall be dismissed.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.