1. Compulsory execution against the Plaintiff by the Defendant based on the Busan District Court Decision 2016Na6634 Decided December 22, 2016 is 1,524.

1. Basic facts

A. On May 31, 2016, the Defendant filed a claim suit against the Plaintiff, such as the return of unjust enrichment by Busan District Court Decision 2015Da54796, and was sentenced to a judgment against the Plaintiff on May 31, 2016. On December 22, 2016, the appellate court filed an appeal and rendered a judgment in favor of some of the above court that “the Plaintiff (the Plaintiff) paid to the Plaintiff (the Plaintiff) 46,320,377 won and the interest thereon at the rate of 5% per annum from August 6, 2015 to December 22, 2016, and 15% per annum from the next day to the date of full payment.”

As the plaintiff appealed to the Supreme Court and withdraws it, the above appellate judgment became final and conclusive as it is.

(hereinafter referred to as the “final judgment of this case”). B.

On January 17, 2017, the defendant applied for a compulsory auction of real estate owned by the plaintiff to Suwon District Court C with the final judgment of this case as an executive title, and the following court issued a decision to commence a compulsory auction of real estate.

C. On January 24, 2017, the Plaintiff deposited KRW 50,146,566 for the Defendant in the Suwon District Court according to the instant final judgment.

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

2. Determination

A. The expenses required for compulsory execution under Article 53(1) of the Civil Execution Act shall be borne by the debtor, and the expenses for such execution shall be reimbursed preferentially in the execution. The expenses are based on the executive titles that form the basis for the execution without any separate executive titles and can be collected together with the claims indicated in the executive titles in the compulsory execution procedure concerned. As such, in a case of objection, even if the original obligation indicated in the executive titles is extinguished by repayment or deposit, the expenses for execution that the debtor is liable to compensate are not reimbursed.