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(영문) 서울서부지방법원 2019.11.08 2019나597
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Defendant filed an application against the Plaintiff and C for the determination of the amount of litigation costs under the Seoul Western District Court Decision 2016Kao 537. On February 28, 2017, the said court rendered a ruling that “The amount of litigation costs that the Plaintiff and C shall pay to the Defendant by the instant ruling, such as nullification of the resolution of the residents’ general meeting, etc., of Seoul Western District Court Decision 2010Kahap4073, which became final and conclusive at that time.” The said ruling became final and conclusive at that time. 2) The Defendant filed an application against the Plaintiff and C for the determination of the amount of litigation costs under the Seoul Western District Court Decision 2016Kao 538.

On April 4, 2017, the above court rendered a ruling that “The amount of each of the litigation costs that the plaintiff and C shall pay to the defendant is KRW 1,123,862, respectively by the Seoul Western District Court Decision 2009Da13347, Seoul High Court Decision 2010Na64583, Supreme Court Decision 201Da34958, and Supreme Court Decision 201Da34958, supra, shall be determined.”

The plaintiff and C re-appealed by Seoul High Court 2017Ra256, Supreme Court 2017Ma1287, but all of them were dismissed.

3) The Defendant filed an application against the Plaintiff and C for the determination of the amount of litigation costs with the Seoul Western District Court Decision 2016KaMa539. On June 13, 2017, the said court rendered a ruling that “The amount of litigation costs that the Plaintiff and C shall reimburse to the Defendant according to the Seoul Western District Court Decision 2010Kahap7836 decided on June 13, 2017, shall be KRW 2,335, respectively, and the said ruling became final and conclusive around that time (hereinafter collectively referred to as “the determination of the amount of each of the above litigation costs”).

(B) B. B. Execution 1 based on the determination of the amount of each of the instant litigation costs) The Defendant applied for a compulsory auction of real estate on the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff based on the determination of the amount of each of the instant litigation costs, and received a decision to commence compulsory auction on January 3, 2018.

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