1. Based on the Defendant’s decision on the determination of the cost of lawsuit No. 2017Kao-4 against the Plaintiff.

1. Basic facts

A. As to the case of determining the amount of litigation costs 2017Kao-4, which the Defendant filed against the Plaintiff, the said court rendered a ruling that “the amount of litigation costs that the Plaintiff is to pay to the Defendant by the loan case between the said parties is KRW 2,211,70” and the said ruling became final and conclusive around that time.

B. On May 12, 2017, the Defendant filed an application for a compulsory auction with respect to the size of 344 square meters, which was owned by the Plaintiff, to Changwon-gun, Changwon-gun, Seoul Special Metropolitan City, for a compulsory auction (hereinafter “instant auction procedure”) with respect to the said real estate, as a basis for the instant decision.

C. On May 24, 2017, the Plaintiff deposited the amount of KRW 2,211,770, totaling KRW 82,200, the instant auction procedure cost under the instant decision, which was KRW 2,293,970, pursuant to the Changwon District Court Branch Branch Branch Decision 267, supra, and the Plaintiff deposited the Defendant with the principal as the principal deposit, on account of the fact that the Plaintiff was actually offered to the Defendant, but refused to accept the payment, and thus, deposited the amount of the deposit.

(hereinafter referred to as “the deposit of this case”). 【The grounds for recognition” / Each entry of subparagraphs A through 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts that, since all of the plaintiff's debt based on the decision of this case and the obligation to reimburse expenses of the auction procedure of this case to the defendant were extinguished by the deposit of this case, compulsory execution against the decision of this case as executive title shall not be allowed.

The defendant asserts that only part of the debt based on the decision of this case and the cost of the auction procedure was deposited.

B. Determination 1) Costs necessary for compulsory execution are the obligor’s burden, based on the pertinent enforcement title, which serves as the basis for the execution without any separate enforcement title by the obligee, and can be collected together with the claims indicated in the enforcement title in the pertinent compulsory execution procedure (Article 53 of the Civil Execution Act).