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(영문) 서울서부지방법원 2017.04.28 2016가단22588
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is denied based on the original copy of the Seoul Western District Court Decision 2014 Ghana8097.

Reasons

1. Facts of recognition;

A. In Seoul Western District Court 2014Gaso8097, the said court rendered a ruling on August 21, 2015 that “the Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) KRW 3,559,260 as well as 5% per annum from June 10, 2014 to August 21, 2015, and 20% per annum from the next day to the date of full payment,” and the said ruling was finalized on October 16, 2015.

B. On July 5, 2016, the Defendant had received a decision to commence compulsory auction on July 5, 2016 with respect to housing and housing owned by the Plaintiff for compulsory execution of the said judgment.

C. The Plaintiff confirmed that the expenditure cost of the said auction case was KRW 1,093,590, and on August 9, 2016, the Plaintiff deposited KRW 4,461,230 [the principal of the judgment + KRW 3,559,260 + KRW 3,559,260 + interest rate of KRW 213,458 per annum from June 10, 2014 to August 21, 2015 + KRW 213,458 + interest rate of KRW 3,59,59,260 calculated annually from August 22, 2015 to August 9, 2016 + KRW 1,512] compulsory execution expenses, and KRW 1,093,59,585,585,50 per annum, calculated annually from August 22, 2015 to August 9, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of determination and conclusion, the Plaintiff fully repaid to the Defendant the amount of judgment based on the Seoul Western District Court Decision 2014 Ghana8097 and the compulsory execution cost based on the above judgment.

Therefore, the plaintiff's claim of this case seeking non-permission of compulsory execution based on the above judgment is justified, and it is so decided as per Disposition with the decision to authorize the suspension of compulsory execution.

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