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(영문) 부산지방법원 동부지원 2017.03.29 2016가단15237
청구이의
Text

1. The Defendant’s management expenses case against the Plaintiff for the Busan District Court Branch of the Dong Branch of the Busan District Court on November 24, 2015.

Reasons

1. Facts of recognition;

A. On November 24, 2015, the Defendant was sentenced to the judgment against the Plaintiff, which states that “the Plaintiff shall pay to the Defendant 1,455,124 won and the amount calculated at the rate of 5% per annum from May 19, 2015 to November 24, 2015, and 15% per annum from the next day to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive.

B. Based on the instant judgment, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff, and rendered a decision to commence a compulsory auction on March 25, 2016.

C. On October 12, 2016, the Plaintiff deposited KRW 1,686,164 including the principal of the instant judgment and damages for delay until October 12, 2016, and KRW 520,20,000 in total, and KRW 2,206,200 in auction expenses. On March 7, 2017, the Plaintiff deposited KRW 123,000 in addition to the auction expenses with the Defendant as the principal deposit.

The expenses paid by the defendant in a case of compulsory auction are 642,724 won (excluding the expenses that can be claimed for refund among the expenses prepaid by the defendant).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of recognition, since the defendant's claim against the plaintiff in accordance with the judgment of this case was extinguished by deposit, compulsory execution based on the judgment of this case shall not be allowed.

3. The plaintiff's claim for conclusion is justified and accepted.

(Provided, That the costs of lawsuit shall be borne by the plaintiff)

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