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1.The judgment of the first instance shall be modified as follows:
The Incheon District Court shall assist the defendants to the plaintiff.
Reasons
1. Facts of recognition;
A. The Defendants, who are the owners of share in 370 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “the instant land”), filed a lawsuit with the Incheon District Court for the Plaintiff possessing the instant land under 2,009 Ghana 14131 (hereinafter “instant prior suit”), and the judgment was rendered on February 28, 2009 that “the Plaintiff shall pay to the Defendants each amount of KRW 2,002,333, and the Plaintiff shall pay each amount of KRW 110,000 per month from February 28, 2009 to the delivery of the instant land to the Defendants, and the said judgment became final and conclusive as is.
B. According to the judgment of the previous suit of this case, the Defendants applied for a compulsory auction for the real estate owned by the Plaintiff to the Seosan District Court F for the compulsory auction (hereinafter “instant compulsory auction”), and the Defendants spent KRW 87,190 to the above auction cost.
C. On May 15, 2014, the Plaintiff deposited KRW 26,067,190 as repayment of money pursuant to the judgment of the previous suit of this case and the auction expenses of this case, and filed the instant lawsuit by stating that the Plaintiff’s claim against the Defendants was extinguished in entirety on the same day.
On July 18, 2014, the first instance court sentenced the Defendants to pay KRW 26,108,705 on the basis of the instant judgment, and the Plaintiff deposited KRW 26,067,190. As such, the lower court sentenced that compulsory execution based on the instant judgment exceeds KRW 41,515 (=26,108,705-26,067,190).
E. Accordingly, on August 8, 2014, the Plaintiff deposited KRW 41,515,00 as 2041,00,000,000. The Defendant withdrawn the application for compulsory auction on September 27, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, the purport of the whole pleadings, and substantial facts in this court
2. According to the above facts of recognition as to the cause of the claim, all of the Plaintiff’s obligations to the Defendants according to the judgment of the previous suit of this case extinguished, and all of the costs incurred by the compulsory auction of this case.