1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 28, 2016, the Defendant filed a motion against the Plaintiff for the determination of the amount of litigation costs with the Daejeon District Court official branch office 2016Ka2014, and on September 28, 2016, the said court rendered a ruling against the Plaintiff that “The amount of litigation costs to be paid by the Respondent to the Plaintiff is KRW 4,410,729, the amount of litigation costs to be paid by the Respondent pursuant to the judgment of the Daejeon District Court 2015Kadan921 and the Daejeon District Court 2015Na109612, which became final and conclusive as they are.”

(hereinafter “Determination of the amount of litigation costs of this case”) B.

Based on the decision to determine the amount of litigation costs of the instant case, the Defendant filed an application for compulsory auction with the Daejeon District Court 2019Ma110537 regarding the area of 1451 square meters, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Daejeon District Court, and the said court rendered a decision to commence compulsory auction on November 28, 2019.

C. On January 7, 2020, the Plaintiff deposited the auction cost of KRW 4,410,729 in accordance with the determination of the amount of litigation costs of this case with the Defendant as the principal deposit in Daejeon District Court’s official order in 2020 (=Court costs of KRW 4,410,729 in the auction cost of KRW 590,780 in accordance with the determination of the amount of litigation costs of this case).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 8, the purport of the whole pleadings

2. Determination

A. The expenses required for the 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 shall be based on the executive titles that form the basis for the execution without any separate executive titles so that they may be collected together with the claims indicated in the executive titles in the relevant compulsory execution procedures. As such, in a case of objection, even if the original obligation indicated in the executive titles is extinguished by repayment or deposit, insofar as the expenses for the execution that the debtor is liable to reimburse are not reimbursed, the whole executive titles concerned shall be