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1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Central District Court Decision 2014Na27929 Decided December 19, 2014.
Reasons
1. Basic facts
A. With respect to the case between the Plaintiff and the Defendant, the same court revoked the first instance judgment (Supreme Court Decision 2013Da191709 Decided November 13, 2013) on December 19, 2014, and dismissed the Plaintiff’s claim. The Plaintiff filed an application for a return of household supplies and KRW 25,780,948 with the Defendant, and the amount calculated at the rate of 5% per annum from February 19, 2014 to December 19, 2014, and 20% per annum from the following day to the date of full payment, and the Defendant filed an application for a compulsory auction against the Plaintiff under the title of title of this case, the Seocho-gu Seoul Central District Court rendered a judgment with the declaration of provisional execution (hereinafter “instant enforcement title”). The Defendant filed an application for a compulsory auction against the Plaintiff under the title of title of this case with the Seoul Central District Court as Seoul Central District Court as to the real estate B, C101 and C421.
B. The Defendant spent KRW 1,491,070 with the above auction application cost and KRW 1,433,180 with the additional deposit payment.
C. On March 9, 2015, the Plaintiff deposited KRW 28,247,312, including the execution expenses in the sum of the principal and interest of KRW 27,948,688 according to the executive titles of this case, as Seoul Central District Court No. 5141, March 9, 2015, and KRW 2,711,069, respectively, with the same court No. 21481, Oct. 1, 2015.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings
2. According to the allegations and the above facts found, the principal and interest 27,948,688 won based on the executive title of this case and the total of the expenses for filing a request for auction and the additional deposit paid by the Defendant up to March 9, 2015 (= KRW 1,491,070, KRW 1,433,180) were extinguished by the Plaintiff’s deposit for repayment. Thus, compulsory execution based on the executive title of this case ought to be rejected.
3. According to the conclusion, we decide to accept the Plaintiff’s claim of this case and decide as per Disposition.