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(영문) 의정부지방법원 2016.11.04 2016가단17347
청구이의의 소
Text

1. The Defendant’s compulsory execution against the Plaintiff on the basis of the final decision of the costs of lawsuit No. 2014Kao-45.

Reasons

1. Basic facts

A. The Defendant filed a motion against the Plaintiff for the determination of litigation costs in the case of claiming construction cost as the appellate court No. 201Gahap13248, Seoul High Court No. 2012Na91011, and Supreme Court No. 2013Da69941, Apr. 6, 2014, the appellate court issued a ruling that “the amount of litigation costs to be repaid to the Defendant by the Plaintiff was KRW 21,663,968,” and the instant ruling became final and conclusive around that time.

B. The Defendant filed an application for the seizure and collection order of each of the instant decisions with the Seoul Western District Court 2014TTT13714, 2014TT15355, by designating the Plaintiff as the obligor as the title of execution, and filed an application for the seizure and collection order of each of the instant claims on October 2014 and around November 201, 2014.

C. Meanwhile, the Plaintiff deposited KRW 50,000,000 as the principal deposit and deposited KRW 50,000 as 4928 in the case of an application for provisional seizure against the Defendant, which was filed against the Defendant, as the principal deposit. Based on the instant decision, the Defendant was issued a seizure and collection order as to the Plaintiff’s right to claim the above deposit under the District Court 2014TT8679, which was based on the instant decision, and accordingly paid KRW 21,63,968 out of KRW 50,000.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1 and 3, the purport of the whole pleadings

2. Judgment on the Plaintiff’s assertion of the cause of claim

A. According to the above facts of recognition, 21,663,968 won of the reimbursement of litigation costs following the defendant's decision of this case was fully repaid, compulsory execution based on the decision of this case shall be dismissed.

B. As to this, the Defendant asserted to the effect that the Plaintiff did not have any reason to maintain the instant lawsuit, since the Defendant rescinded the execution against the seizure and collection order as Seoul Western District Court 2014TTT1535, but as long as the instant lawsuit for objection is established and is in force, it shall be deemed as a whole.

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