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1. The Defendant’s decision against the Plaintiff is based on the Daejeon District Court Branch Decision 2016Da5933 Decided November 22, 2016.
Reasons
1. Facts of recognition;
A. On November 22, 2016, the Defendant filed a lawsuit against the Plaintiff (the Plaintiff in this case) and received a judgment that “the Defendant (the Plaintiff in this case) shall pay 58,825,200 won to the Plaintiff (the Defendant in this case) and 15% interest per annum from October 29, 2016 to the date of full payment” (hereinafter “related case judgment”), and the judgment of related case became final and conclusive around that time.
B. On December 13, 2016, based on the judgment on related cases, the Defendant rendered a decision to commence the compulsory auction of real estate to Seosan Branch C of the Daejeon District Court, and on July 24, 2017, the Defendant rendered a decision to commence the compulsory auction of real estate to Seocheon District Court D with Youngcheon Branch D.
C. On March 2, 2018, the Plaintiff deposited KRW 70,670,823 (the principal = 58,825,200 won from October 29, 2016 to March 2, 2018) based on the judgment of the relevant case under the head of Seosan Branch of the Daejeon District Court No. 183, Seosan Branch of the Daejeon District Court as the principal deposit, and KRW 2,426,412 (the total expenses incurred in the execution of the auction case in the above auction case are KRW 2,419,186 won) and KRW 11,845,623 (i) from October 29, 2016 to March 2, 2018 (i) 58,825,200 x 15 x 490/365).
[Ground of recognition] 1, 2, and 4 evidence Nos. 1, 4 (including paper numbers), the result of each fact inquiry about the Daejeon District Court's Seosan Branch and Youngcheon District Court's Young-gu Branch, the purport of the whole pleadings
2. According to the facts of the above recognition, since the principal and interest of a debt and enforcement expenses according to the judgment of related cases against the plaintiff against the defendant have been fully paid and extinguished, compulsory execution based on the judgment of related cases against the defendant shall be dismissed.
3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.