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(영문) 인천지방법원부천지원 2014.11.26 2014가단19112
청구이의
Text

1. The Defendant’s decision to determine the amount of litigation costs against the Plaintiff on April 8, 2014 by the Incheon District Court Branch Decision 2014Kao2018.

Reasons

1. Determination on the cause of the claim

A. On April 8, 2014, Incheon District Court Decision 2014Kaba2018, which confirmed that the amount of litigation expenses that the Plaintiff is obligated to reimburse to the Defendant by the judgment of the aforementioned court’s 2013Gadan5956 case was KRW 943,664 (hereinafter “the amount of litigation expenses of this case”), and the said determination is “the final determination of the amount of litigation expenses of this case”.

(2) The Defendant applied for a compulsory auction on the Plaintiff’s real estate to Seosan Branch C based on the original copy of the final decision on the amount of litigation costs of the instant case, and the said court accepted this on May 7, 2014 and rendered a decision to commence compulsory auction.

3) On May 9, 2014, the Plaintiff deposited KRW 1,943,00,00, the sum of the instant litigation costs and the costs for compulsory auction for up to May 9, 2014, which were incurred by the Defendant as the principal deposit, on the ground that the Plaintiff offered the Defendant a real amount of KRW 943,664, which was KRW 1138,00,000, to the Defendant, but the Defendant refused to receive the instant litigation costs. (In the absence of any dispute over the recognition, each of the entries in subparagraphs A through 4, and the purport of the entire pleadings.

B. According to the above facts of recognition, barring any special circumstance, the obligation of the Plaintiff to reimburse the costs of this case against the Defendant was extinguished by the deposit for repayment. Therefore, compulsory execution based on the decision of determination of the amount of litigation costs of this case against the Defendant shall be dismissed.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant remitted KRW 1,012,380 to a certified judicial scrivener on April 24, 2014 in the above Seosan-Support C compulsory auction, and additionally paid KRW 1,712,380 to a court on May 13, 2014, and paid KRW 1,712,380 in total. The plaintiff paid only KRW 99,336 which did not meet the above auction costs, and thus the plaintiff's claim should not be accepted.

B. We examine the judgment, as well as the above.

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