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1. The Defendant’s decision on the Plaintiff is based on the Decision 2016 Ghana913 Decided December 22, 2016.
Reasons
1. Facts of recognition;
A. On December 22, 2016, the Defendant filed a lawsuit against the Plaintiff for damages as Gwangju District Court Branching 2016 Ghana913, and the said court rendered a judgment that “the Plaintiff shall pay to the Defendant 130,000 won and the amount calculated by the rate of 5% per annum from September 1, 2014 to October 26, 2016, and 15% per annum from the next day to the date of full payment” (hereinafter “instant executive title”), and the said judgment became final and conclusive around that time.
B. Based on the title of execution of the instant case, the Defendant filed an application for a compulsory auction to Gwangju District Court-nam Branch C for the real estate owned by the Plaintiff and received a ruling to commence the auction on June 5, 2017.
In relation to the above procedure for compulsory auction, the defendant spent 884,607 won in total as expenses for execution.
C. On January 26, 2018, the Plaintiff deposited KRW 1,772,93 (=1,772,986) plus KRW 619,67,593 (= KRW 1,772,96,619,60) as deposit money of Gwangju District Court for delay calculated at the rate of 5% per annum from September 1, 2014 to October 26, 2016, KRW 143,202, and KRW 249,784 per annum from October 27, 2016 to January 26, 2018; KRW 619,607, plus KRW 619,593, KRW 1,72,986, KRW 619,607, KRW 607) as deposit money of the Defendant, and deposited the remainder of the enforcement amount as deposit money of KRW 2068,568,206,2068.68
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts of recognition, since the principal and interest on the executive title of this case and the right to claim reimbursement of expenses based on the executive title of this case have ceased to exist as the defendant's deposit for repayment, compulsory execution based on the executive title of this case cannot be permitted.
3. The plaintiff's claim is justified.