A. On January 24, 2019, the Defendants filed a lawsuit against the Plaintiff in order to refund the lease deposit, and received a favorable judgment (hereinafter “instant judgment”) with the purport that “The Defendant (the Plaintiff) shall pay to the Plaintiffs (the Defendants) KRW 10,000,000, and the amount calculated by the rate of 5% per annum from March 1, 2018 to April 19, 2018, and 15% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

B. The instant judgment became final and conclusive on February 26, 2019.

C. On May 21, 2019, the Defendants partially recovered claims based on the instant judgment with the Daegu District Court’s order for seizure and collection of claims 2019TTTT 106470 on May 21, 2019, and additionally recovered the said claims with the Daegu District Court’s order for seizure and collection of claims 2019TTT 109290 on July 26, 2019.

On August 22, 2019, the Daegu District Court E-real estate compulsory auction case filed by the Defendants for the recovery of remaining claims was in progress, and the Plaintiff deposited KRW 9,250,000 to the Defendants on September 18, 2019.

E. The Defendants deposited the entire deposit, and withdrawn the said auction on November 5, 2019.

F. The Defendants were fully reimbursed the principal and damages for delay based on the present judgment of the instant case.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including number), Eul evidence 1 to 4

2. Assertion and determination

A. According to the above facts of recognition, the plaintiff's claim seeking the exclusion of executive force with executive title on the ground that the claim indicated in the final judgment was deposited in repayment, etc. is reasonable.

B. As to this, the Defendants asserted, “The instant lawsuit is unlawful, since the said case of compulsory auction by official auction was already withdrawn on November 5, 2019,” and, “The Plaintiff’s assertion is not a ground arising after the closing of argument in the instant judgment, and thus, the instant lawsuit is unlawful.”

(1) An objection shall be filed.