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1. The Defendant’s decision against the Plaintiff is based on the Busan District Court Decision 2012Gaso33132 Decided June 19, 2014.
Reasons
1. Basic facts
A. On June 19, 2014, the Defendant filed a lawsuit against the Plaintiff on the claim of management expenses, etc. under this Court No. 2012Gada33132, and paid 5% interest per annum from May 9, 2013 to June 19, 2014 to the Plaintiff, and 20% interest per annum from the next day to the date of full payment. The remainder of the Plaintiff’s claim is dismissed. 3. Of the litigation costs, 2/3 is the Defendant and 1/3 is the Plaintiff’s own burden. Paragraph 1 of the same Article is a provisional execution, and the above judgment was finalized on August 5, 2014.
(hereinafter “the final judgment of this case”). (b)
On August 11, 2014, the defendant applied for a compulsory auction of real estate to this court C according to the final judgment of this case and received a ruling to commence the auction on the 12th of the same month.
C. On January 27, 2015, the Plaintiff deposited the Defendant as the principal on the date of filing the instant lawsuit with the principal and repaid the Defendant’s debt KRW 6,557,966 based on the final and conclusive judgment of this case (the principal amount of KRW 5,569,884 and the delayed payment damages amount of KRW 988,082) with the Defendant as the principal deposit in this court in 2015.
On October 14, 2015, the Plaintiff deposited KRW 859,040 of the auction execution cost of the instant case in this Court No. 22220,000, with the Defendant as a person under deposit.
E. On the other hand, on June 11, 2015, the Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs with the instant court No. 2015Kao162, and on October 12, 2015, rendered a decision that “The amount of litigation costs to be repaid to the Defendant by the instant final judgment shall be determined as KRW 135,626.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings
2. Assertion and determination
A. The plaintiff asserts that, since the plaintiff's debt and auction execution expenses are fully repaid to the defendant according to the final judgment of this case, the defendant's compulsory execution should be denied.
In regard to this, the defendant shall pay 135,626 won in the amount of litigation costs due to a decision to determine the amount of litigation costs.