(영문) 의정부지방법원 2019.11.27 2019가단9316

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(영문) 의정부지방법원 2019.11.27 2019가단9316

청구이의

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1. The Defendants’ District Court Decision on March 24, 2017, 2016Kao425 decided on the amount of litigation costs against the Plaintiff.

Reasons

1. Basic facts

A. On October 14, 2016, the Defendants filed an application with the Plaintiff for the determination of the amount of litigation costs with the District Court Decision 2016Kao425 (hereinafter referred to as the “instant decision”). On March 24, 2017, the District Court rendered a ruling that “In relation to the case of revocation of fraudulent act between the Defendant and the Plaintiff, the District Court 2014Kadan11221, the Plaintiff shall fix that the amount of litigation costs to be reimbursed to the Defendants is KRW 2,217,039, respectively (hereinafter referred to as “instant decision”). The instant decision was finalized on April 11, 2017.

B. On January 22, 2019, the Defendants filed an application for a compulsory auction on real estate owned by the Plaintiff based on the instant decision with the District Court D on January 22, 2019 and completed the registration for commencement of auction on the following day.

C. The costs of the auction case based on the instant decision are KRW 17,00, KRW 5,310, KRW 147,00, KRW 147,00, KRW 147,00, KRW 1,578,960, and KRW 220,00, and KRW 1,968,270, respectively.

On May 14, 2019, the Plaintiff deposited the Defendants’ total amount of KRW 7,812,530 ( KRW 2,217,039 based on the instant decision and KRW 15% interest rate from April 3, 2017 to May 16, 2019, respectively, KRW 705,091, KRW 1,968,270 based on the instant decision) with the Defendant as the principal deposit.

【Defendant B: Fact that there is no dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings, Defendant C Association: Decision on deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. Determination:

A. According to the above facts of recognition as to the plaintiff's cause of action, since all of the obligations based on the decision of this case and the execution expenses of auction cases based on the decision of this case were paid, compulsory execution based on the decision of this case against the plaintiff of this case shall be dismissed.

B. As to the Defendant B’s assertion, the Plaintiff’s real estate owned by the Defendant B.

참조조문

-민사소송법 제208조 제3항 제2호

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