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(영문) 서울중앙지방법원 2020.07.10 2019가단5297642
청구이의
Text

1. The Defendant’s decision against the Plaintiff is based on the Seoul Central District Court Decision 2014Gaso579000 Decided October 22, 2014.

Reasons

1. Facts of recognition;

A. On October 22, 2014, the Defendant filed a lawsuit against the Plaintiff with the Seoul Central District Court 2014Gaso5799000, the said court rendered a judgment that “A shall pay to the Defendant (B limited liability company) 8,847,531 won and 2,379,960 won with interest of 20% per annum from August 27, 2014 to the day of full payment,” and the said judgment became final and conclusive around that time.

(hereinafter “the final judgment of this case”). (b)

Based on the final judgment of this case, the Defendant filed an application against the Plaintiff for a compulsory auction of real estate with Jeju District Court C for a compulsory auction of real estate with the claim amounting to KRW 2,379,960 and delay damages therefor, and the said court rendered the decision to commence the auction on March 15, 2019.

In the above auction procedure, real estate for auction purpose was sold on November 25, 2019, and the above court decided to grant a permit for sale on December 2, 2019.

C. On December 9, 2019, the Plaintiff deposited 12,859,905 won (Seoul Central District Court Decision 201Da30709, Seoul Central District Court 2019) in total, the principal and interest of the obligation based on the final judgment of the instant case as the principal and interest of the Defendant as the principal deposit.

On the other hand, while filing a lawsuit of demurrer, the Plaintiff filed an application for the suspension of compulsory execution with this Court 2019Kadan31041. On December 11, 2019, the court rendered a decision to the effect that compulsory execution based on the final judgment of the instant case shall be suspended until the judgment of the instant case is rendered.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff's claim for denial of compulsory execution based on the final judgment of this case is justified, since the plaintiff deposited the principal and interest of the obligation based on the final judgment of this case and the total expenses for execution, thereby extinguishing the plaintiff's obligation based on the final judgment of this

3. The plaintiff's claim is justified.

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