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(영문) 전주지방법원 2018.09.04 2018가단10274
청구이의
Text

1. Compulsory execution against the Plaintiff by the Defendants based on the Jeonju District Court Decision 2017Kao238 Costs of Litigation.

Reasons

1. Basic facts

A. On December 1, 2017, the Defendants filed an application with the Plaintiff for the burden and confirmation of litigation costs with the Jeonju District Court 2017Kao238, and the Jeonju District Court, on January 24, 2018, rendered a decision that “the costs of litigation between the Defendant and the Plaintiff shall be borne by the Plaintiff.” As to the instant case, the Plaintiff rendered a final decision that “The amount of litigation costs to be reimbursed to the Defendants is KRW 1,109,401, respectively, and the instant decision became final and conclusive on February 27, 2018.”

B. On March 7, 2018, the Defendants applied for a compulsory auction of real estate on the real estate listed in the separate sheet owned by the Plaintiff based on the decision of the instant case as Jeonju District Court Branch D, Jeonju District Court Branch D, and the registration for commencement of auction was completed on the following day.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 5 (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The summary of the Plaintiff’s assertion is that the Plaintiff fully repaid the Plaintiff’s obligations to the Defendants based on the instant decision and the costs of auction cases based on the instant decision. Therefore, the Defendants’ compulsory execution based on the instant decision against the Plaintiff should be denied.

B. Determination 1) The following facts are acknowledged either as a dispute between the parties, or as a whole by considering the overall purport of the pleadings in the evidence Nos. 3, 4-1, 2, 6, 7, and 1-1 of the evidence No. 1 of the evidence Nos. 4-2, 6, 7, and 1 of the evidence No. 1 of the judgment No. 1 of the judgment No. 2017, Nov. 30, 2017: (a) with respect to the case for which the amount of litigation costs was determined on Nov. 30, 2017, the Jeonju District Court Decision No. 2010,847, Jeonju District Court Decision No. 2011, Jan. 1, 2017; and (b) Supreme Court Decision No. 2012Da24286, supra.

B. On March 21, 2018, the Plaintiff’s status as Defendant B.

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