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(영문) 수원지방법원 2016.05.03 2015가단54987
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Suwon District Court Decision 2015Kao63 decided on the amount of litigation costs.

Reasons

1. The facts of recognition are as follows: (a) on April 23, 2015, in this Court Decision 2015Kao63, this Court Decision 2015Ma63, the Defendant was rendered a ruling that “the amount of the litigation cost to be repaid by the Plaintiff to the Defendant according to the ruling on the claim for refund of lease deposit (No. 2014Gahap89777) between the Plaintiff and the Defendant is confirmed to be KRW 1,662,280; and the above ruling becomes final and conclusive on May 12, 2015 (hereinafter “instant ruling”); (b) on the basis of the original ruling of this case, the Defendant applied for a compulsory auction on the real estate owned by the Plaintiff to this Court C on the next day; and (c) the Plaintiff deposited the total amount of the litigation cost fixed in the instant ruling on October 23, 2015, and the Defendant did not have any dispute between the parties to the compulsory auction and withdraws the entire evidence No. 1430, Oct. 29, 2014, 2015.

2. According to the above findings of the determination, since all of the Plaintiff’s obligations pursuant to the decision of this case were extinguished by the deposit for repayment, compulsory execution based on the decision of this case shall be dismissed.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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