2. The costs of lawsuit shall be borne by the Plaintiff.

A. With respect to the obligations for the payment of the construction cost under the Eetype D, Young-gun, Young-gun, Young-gun, the Plaintiff: (a) on June 24, 2016, a notary public, who took up and borrowed KRW 210,000,000 from C as of September 30, 2016, the said obligation for the payment of the construction cost, as of September 30, 2016, prepared and executed a notarial deed under the Monetary Loan Agreement (hereinafter “instant notarial deed”) with the document No. 388, 2016, drafted the General Law Office No. 388.

B. On November 2, 2016, Samju Construction Co., Ltd. (hereinafter “Triju Construction”) received from the Gwangju District Court a provisional attachment order on KRW 81,198,205 of the construction price claims against C for the Plaintiff (Seoul District Court Decision 2016Kadan4158).

C. On December 15, 2016, C seized movable property owned by the Plaintiff as the title of execution of the instant notarial deed (hereinafter “instant movable auction”) and on February 9, 2016, the date of movable auction was designated on December 9, 2016.

On January 12, 2017, the Defendant received an execution clause to succeed to the notarial deed of this case.

E. On February 6, 2017, the Plaintiff filed the instant lawsuit, and filed an application for the suspension of compulsory execution with respect to compulsory execution based on the instant authentic deed, and received a decision to suspend compulsory execution with the Gwangju District Court 2017Kadan50010 on February 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that, inasmuch as Samri Construction received a provisional attachment order on the execution claim of this case against the plaintiff by the defendant on the notarial deed of this case, the notarial deed of this case should not be subject to compulsory execution on the ground that there is an obstacle to execution.

B. A lawsuit of demurrer against one claim is a lawsuit seeking the exclusion of the executory power of the executory power of the executory power of the obligor on the ground of an objection raised against the claim indicated in the executory power, and the grounds for objection are all or part of the claim indicated in the executory power.