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1. The Defendant’s contribution to the Plaintiff was agreed upon by the Suwon District Court, Leecheon-si Court, 2016, Jun. 16, 2016.
Reasons
1. Basic facts
A. On June 16, 2016, this Court rendered a ruling that “the Plaintiff shall pay to the Defendant the amount of KRW 5,000,000 and the amount calculated by the rate of 5% per annum from September 28, 2012 to June 16, 2016 and 15% per annum from June 17, 2016 to the date of full payment” (hereinafter “the instant ruling”), which the Defendant filed against the Plaintiff, was finalized at that time.
B. According to the instant judgment, the Defendant filed an application for a compulsory auction of real estate with the original Chuncheon District Court Branch C, and the said court rendered a decision to commence the auction on July 4, 2016.
C. After that, according to the instant judgment, the Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs under the 2016Kao-5001, which became final and conclusive on August 22, 2016, that the amount of litigation costs was KRW 108,580.
Accordingly, on October 13, 2016, the Plaintiff deposited KRW 6,759,184 with the Seoul Western District Court No. 5287 in 2006.
[Grounds for recognition] The descriptions of Gap 1-3 and the purport of the whole pleadings
2. Determination
A. The expenses required for compulsory execution under Article 53(1) of the Civil Execution Act shall be borne by the debtor, and the expenses for such execution shall be reimbursed preferentially in the execution. The expenses shall be borne by the debtor without any separate title, and may be collected together with the claims indicated in the execution title in the compulsory execution procedure concerned, based on the relevant executive title, which serves as the basis for the execution. Therefore, in a case of objection, even if the original obligation indicated in the executive title is extinguished by repayment or deposit, the whole executory power of the relevant executive title shall not be claimed unless the debtor reimburses the expenses for the execution.
B. We examine the instant case, and the amount recognized as the execution cost to be paid by the Plaintiff is as follows, and the sum of the amount is KRW 542,942.
(Entry of Evidence A and the purport of the whole pleadings)