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(영문) 의정부지방법원 고양지원 2018.01.31 2017가단92133
청구이의
Text

1. The Defendant’s Goyang Branch of the District Court 2013 Ghana 11161 has executory power over the case.

Reasons

1. Basic facts

A. In the case of an agreement amounting to 2013 Ghana 11161, which the Defendant filed against the Plaintiff, the Plaintiff paid KRW 5 million to the Defendant on June 15, 2013 to March 15, 2014, the conciliation was concluded with the content that the Plaintiff pays KRW 500,000 per month to the Defendant on June 15, 2013 to March 15, 2014.

B. Based on the original copy of the above executory protocol (hereinafter “instant protocol”), the Defendant filed an application for compulsory auction of real estate with Seogjin-si, Daejeon District Court D, Seogjin-si, Daejeon District Court, for a compulsory auction of real estate on the scale of 797 square meters owned by the Plaintiff, and the Seogu District Court rendered the compulsory auction order on May 15, 2017.

C. However, the Plaintiff paid KRW 2 million out of KRW 5 million, which was stipulated to be paid to the Defendant in the instant protocol, in around 2013. On November 17, 2017, the Plaintiff repaid the remainder of KRW 3 million among the above KRW 5 million, and paid KRW 9.79 million in total, including damages for delay and auction expenses.

[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 as to the cause of claim, the plaintiff is recognized to have paid all the adjustment payments and damages for delay which are stipulated to be paid to the defendant in the instant protocol of mediation. Therefore, compulsory execution against the plaintiff by the defendant based on the original copy of the instant protocol of mediation shall be dismissed.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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