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(영문) 춘천지방법원 강릉지원 2018.01.24 2017가단4887
청구이의
Text

1. Compulsory execution against the defendant's plaintiff is enforced against the defendant's order of payment No. 2008 tea 1596.

Reasons

Attached Form

Among the complaint, each fact in the cause of the claim does not conflict between the parties.

In full view of the above facts, since the defendant's claims stated in the payment order against the plaintiff were extinguished by repayment, compulsory execution based on the above payment order is not allowed.

Although the defendant filed an application for compulsory auction on immovables due to the plaintiff's failure to repay his obligation, and expressed his intention not to enforce compulsory execution after the plaintiff repaid his obligation, the plaintiff paid his obligation only after the decision of permission for sale was rendered at the above auction procedure, so the plaintiff cannot suspend compulsory auction due to an agreement between the parties, and thus, the costs of lawsuit in this case shall be determined to be borne individually, taking into account the fact that the lawsuit

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