1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant brought a lawsuit against the Plaintiff at Busan District Court for the payment of KRW 44 million, and thereafter, won in the first instance court of the said case (Seoul District Court 2013da95274) and applied for a compulsory auction (hereinafter “related compulsory auction case”) on the real estate owned by the Plaintiff pursuant to the above judgment of the first instance.

B. As to the judgment of the first instance, the Plaintiff appealed, and the appellate court (hereinafter “related civil case”) partially accepted the Plaintiff’s appeal on April 12, 2017, and rendered a judgment that “the Plaintiff shall pay to the Defendant 42,330,480 won and interest calculated at the rate of 15% per annum from November 27, 2013 to April 12, 2017,” and the said judgment became final and conclusive.

The plaintiff fully repaid the amount recognized in the judgment of the above appellate court to the defendant.

C. On June 20, 2017, the Plaintiff remitted KRW 6,594,629 to the Defendant.

On June 21, 2017, the Defendant withdrawn the application for a related compulsory auction case, and was refunded KRW 3,375,289 by the Ulsan District Court.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 5, and 7, the purport of the whole pleadings

2. The parties' assertion

A. After the plaintiff fully repaid the amount recognized in the order of a civil case related to the plaintiff's assertion 1, the plaintiff requested the defendant to withdraw the pertinent compulsory auction case, the defendant would withdraw the auction to pay the expenses incurred in the above compulsory auction.

As the plaintiff can get a refund of some of the costs for filing a request for auction, it is difficult for the defendant to pay the remainder after deducting the expected amount of refund, and the defendant can't know how much the amount of refund is.