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(영문) 부산지방법원 2017.07.12 2017가합43124
청구이의
Text

1. The Defendants’ Plaintiff is based on Article 2 of the Busan District Court Decision 2015Gahap2976 Decided June 24, 2015.

Reasons

1. Facts of recognition;

A. On June 24, 2015, the Defendants filed a lawsuit against the Plaintiff for the removal of buildings and the claim for unjust enrichment by Busan District Court 2015Gahap2976, and filed a lawsuit against the Plaintiff, and rendered judgment on June 24, 2015, stating that “the Plaintiff shall pay to the Defendants 75,600,000 won per annum from September 23, 2011 to April 10, 2015, 5% per annum, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

(2) On December 27, 2016, the judgment of this case became final and conclusive following the Plaintiff’s appeal. The Defendants filed an application for compulsory auction of real estate on the real estate owned by the Plaintiff as Busan District Court D on December 28, 2016. (c) On January 13, 2017, the Defendants filed an application for compulsory auction of real estate on the real estate held by the Plaintiff as Busan District Court D on the ground that the procedure for compulsory auction of real estate was commenced on December 28, 2016. On January 13, 2017, the Defendants filed an application for compulsory auction of real estate with Busan District Court No. 118,815,985 won (i.e., the principal) and KRW 75,60,000,000 from September 23, 201 to April 10, 2015, and (ii) the Defendants filed an application for compulsory auction of real estate deposit of Busan District Court No. 1365, Jan. 16, 2014, 2017.

2. According to the above facts of recognition, since monetary liabilities based on the judgment of this case against the plaintiffs against the defendant were extinguished due to the above repayment deposit, compulsory execution based on Paragraph 2 of the judgment of this case shall be dismissed.

3. The plaintiff's claim of this case is justified.

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