logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.18 2017가단528178
청구이의
Text

1. The Defendants are not subject to compulsory execution based on the Suwon District Court Decision 2015Da137349 Decided the Plaintiff.

2...

Reasons

1. Facts of recognition;

A. On October 27, 2016, the Defendants filed a lawsuit against the Plaintiff for damages with Suwon District Court Decision 2015Da137349, and sentenced the Plaintiff to the judgment that “the Plaintiff shall pay 9,601,872 won to Defendant B, 6,401,248 won to Defendant C, and each of them shall be 5% per annum from May 6, 2015 to October 27, 2016, and 15% per annum from the next day to the day of full payment (hereinafter “instant related judgment”). The said judgment became final and conclusive around that time.

B. After that, on July 21, 2017, the Plaintiff deposited the full amount of the instant judgment amount (Defendant B: 11,367,037 won, Defendant C7,578,024 won) on behalf of the Defendants as Suwon District Court No. 14828, supra.

C. Meanwhile, according to the instant judgment, the Defendants applied for a compulsory auction on the Plaintiff’s real estate. On October 16, 2017, the Plaintiff deposited KRW 2,465,416, respectively, with the Seoul Central District Court No. 21670, the total amount of compulsory execution expenses for Defendant B, as the Seoul Central District Court No. 21670, Oct. 16, 2017, and the Suwon District Court No. 9785, the total amount of compulsory execution expenses for Defendant C in order to pay KRW 2,465,416

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the Plaintiff deposited the relevant judgment amount and the costs of compulsory execution in full, and the above obligations, etc. have ceased to exist, compulsory execution based on the relevant judgment of this case shall be dismissed.

3. In conclusion, the Plaintiff’s claim against the Defendants is reasonable, and this Court cites it, and this Court decides to authorize the decision to suspend compulsory execution as of August 11, 2017 regarding the case of applying for the suspension of compulsory execution as to the case of applying for the suspension of compulsory execution as of August 11, 2017.

arrow