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1. The Defendant’s compulsory execution against the Plaintiff based on the Busan District Court Order 2014Kao-416 is denied.
Reasons
1. Facts of recognition;
A. On September 26, 2013, in Busan District Court Decision 2013Gadan13777 and claim for rent against the Plaintiff, the Defendant was sentenced by the above court on September 26, 2013 to the effect that “the Plaintiff shall pay to the Defendant money at the rate of KRW 159,500 per month from April 10, 2013 to the date of the Plaintiff’s possession or the date of the Defendant’s loss of ownership (hereinafter “the instant judgment”). The Plaintiff filed an appeal against the said judgment by Busan District Court 2013Na17572, but the appeal was dismissed from the above court on March 26, 2014, and the instant judgment became final and conclusive around that time.
B. The Defendant received a decision to confirm that the amount of the litigation cost to be repaid to the Defendant by the ruling of the Busan District Court No. 2014Kamada416, Busan District Court No. 2013Da13777, 2013Na17572 was KRW 734,785, and applied for a compulsory auction for the Busan District Court’s land C house as Busan District Court D based on the instant judgment and the said decision.
C. On October 15, 2014, the Plaintiff deposited KRW 734,785 based on the determination of the above amount of litigation costs ( KRW 734,785 based on the determination of the above amount of litigation costs and KRW 2,902,90 based on the instant judgment) with the deposit to the Defendant, and on November 18, 2014, deposited KRW 287,100 (on October 16, 2014 to December 9, 2014) with the Defendant from October 16, 2014 to October 15, 2015 (on March 19, 2015, KRW 910,100 based on the execution cost of the above auction case and KRW 2,902,90 based on the instant judgment) with the deposit from October 10, 2015 to October 15, 2015 to October 16, 2018 (the instant judgment).
[Reasons for Recognition] Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 (including each number), the fact-finding results to the Busan District Court, the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion.