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(영문) 광주지방법원목포지원 2015.11.17 2015가단8320
청구이의
Text

1. The defendant's decision on the claim for the determination of the litigation cost of the Gwangju District Court Decision 2013Kaba268 against the plaintiff.

Reasons

1. Facts of recognition;

A. On January 28, 2014, the Defendant filed a claim against the Plaintiff for the determination of the amount of litigation costs with the Gwangju District Court Decision 2013Kaba268, and the judicial assistant officer of this court rendered a decision to determine “the amount of litigation costs to be reimbursed by the Plaintiff to the Defendant” (hereinafter “instant decision”) to determine that the amount of litigation costs to be reimbursed by the Plaintiff is KRW 140,460, and the instant decision was finalized on June 13, 2014.

B. On October 31, 2014, the Defendant filed an application for a compulsory auction of real estate on the real estate on two parcels, including Hai-gun, Hai-gun, and Hai-gun, the Plaintiff owned, for the instant decision as the executive title, and continued the auction procedure (hereinafter “instant compulsory execution”).

C. On November 20, 2014, the Plaintiff stated that the Defendant as the principal deposit was KRW 140,460,000, which is KRW 140,460, which is the expense for compulsory auction for real estate E to be designated by the Gwangju District Court. However, on the ground of Article 2014Na10584 (Evidence 5-2) of the Gwangju District Court (Evidence 5-2), the Plaintiff deposited the Defendant as the principal deposit on March 18, 2015 and the Plaintiff deposited KRW 887,106,00 with the Suwon District Court as 2746,00,000, which is the expense for compulsory auction for real estate in accordance with the instant decision. In light of the foregoing, the Plaintiff appears to have mistakenly stated the fact of the cause of deposit as the determined amount of litigation expenses under the instant decision.

In addition, 35,350 won (i.e., delivery charge of KRW 10,650,000, KRW 5,000, KRW 7,200, KRW 3,000, KRW 500, KRW 3,000, KRW 10,000) deposited the enforcement cost following the enforcement of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, 140,460 won for the determination of the costs of lawsuit according to the decision of this case and 35,350 won for the enforcement of the compulsory execution of this case.

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