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(영문) 수원지방법원 여주지원 이천시법원 2021.02.18 2020가단112
청구이의
Text

1. The defendant's branch court of Sucheon-si court of Sucheon-si is the defendant's branch court of Sucheon-si, 2010Ga Office 6696 decided September 30, 2010.

Reasons

1. Indication of claim;

A. The Defendant filed a lawsuit against the Plaintiff for damages (Licheon District Court Decision 2010 Ghana 6696), and sentenced that “The Defendant shall pay to the Plaintiff 1,060,000 won with the interest of 5% per annum from June 16, 2010 to September 30, 2010, and 20% per annum from the next day to the day of full payment.”

B. The defendant filed a compulsory application for auction of real estate under the name of the debt, with the title of the above judgment (Ywon District Court Branch Branch C).

(c)

On December 8, 2020, the Plaintiff deposited the principal pursuant to the above judgment and the delayed damages to the Defendant until December 8, 2020, and the total amount of the expenses incurred in filing an application for compulsory auction of the said real estate (No. 4141 of Suwon District Court Sung-nam Branch 2020).

(d)

If so, the plaintiff's obligation based on the above judgment against the defendant should be extinguished by the plaintiff's deposit as above. Therefore, compulsory execution based on the above judgment should be dismissed.

2. Article 208(3)2 of the Civil Procedure Act, the main sentence of Article 150(3) and Article 150(1) of the applicable Act (a judgment deemed a confession);

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