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(영문) 부산지방법원동부지원 2019.10.15 2018가단10397
청구이의
Text

1. The case where the defendant's decision against the plaintiff was filed with Busan District Court Branch 2018Kao 10047.

Reasons

1. Facts of recognition;

A. 1) The Defendant, through his legal representative, determined the amount of litigation costs by 2018Kade10047, which is the court below’s 2016da6479, Busan District Court Decision 2016Na5414, Supreme Court Decision 2017Da269848, supra (hereinafter “principal lawsuit”).

(2) On May 3, 2018, this Court rendered a decision on May 3, 2018 to the effect that “the Plaintiff determined that the amount of litigation costs to be paid to the Defendant is KRW 13,243,421” (hereinafter “decision on the determination of the amount of litigation costs of this case”). The said decision was finalized on May 17, 2018.

In the above decision, the applicant's address is stated as "Influent Transport Daegu C Building D".

B. On May 21, 2018, the Plaintiff sent a letter verifying the content of “to repay KRW 13,243,421 according to the determination of the amount of litigation costs” to the Defendant’s domicile in the determination of the amount of litigation costs in the instant case. However, the Plaintiff became unable to serve on the ground that the director is unknown. (2) On June 7, 2018, the Plaintiff filed an application for a deposit for the repayment with the Defendant and the deposited amount of KRW 13,243,421 with the Defendant and the deposited amount of KRW 13,243,421 with the Defendant as of June 7, 2018, on the ground that the Plaintiff was unable to receive from the Defendant on the same day (hereinafter “instant deposit”). The court accepted the said deposit on the same day (hereinafter “instant deposit”).

Meanwhile, the Plaintiff entered the Defendant’s address in the same place as that of the Defendant’s domicile in the determination of the amount of the litigation cost of this case, but confirmed the Defendant’s resident registration abstract address, and changed the Defendant’s address to “F of the building E-Gun, Busan.”

C. The defendant's application for compulsory auction and receipt of deposit money 1) The defendant is the Daegu District Court G with the title of execution to determine the amount of litigation costs of this case and the compulsory auction for the real estate owned by the plaintiff as the title of execution.

The application was filed.

The above court shall commence a compulsory auction on June 26, 2018.

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