A. On August 3, 2012, the Plaintiff and the Defendant entrusted a notary public with the preparation of a notarial deed of a monetary loan for consumption to a law firm as well as a notarial deed as indicated in the Disposition.

The content of the above notarial deed is that “The Plaintiff, as the debtor, has borrowed KRW 50 million from the Defendant, which was the debtor, as the creditor, until August 3, 2013, shall be repaid until August 3, 2013, and where the repayment has been delayed, 10% of the interest per annum shall be paid in addition to the delay damages for the principal.”

B. In the auction procedure (Ycheon-gu Incheon Metropolitan City C apartment No. 103, 1204) with respect to the real estate owned by the Plaintiff, the Defendant made a demand for distribution of a claim of KRW 50 million based on the said notarial deed, which was distributed in the amount of KRW 50 million on February 12, 2015, and distributed dividends on February 13, 2015.

C. Meanwhile, on September 6, 2013, the aforementioned dividend transfer, the Defendant received a seizure and collection order regarding “the Plaintiff’s claim against the Republic of Korea” on the basis of the said notarial deed (Seoul District Court Branch Branch Office 2013TTTT 10283). The Plaintiff requested the Defendant, after the said auction dividend, after requesting the Defendant to cancel the seizure and collection order, and filed the instant lawsuit on June 16, 2015. On July 8, 2015, the Defendant recognized that the claim based on the said notarial deed was fully repaid, and submitted the “written cancellation of attachment and collection refusal” to the executing court of the said seizure and collection order.

[Reasons for Recognition] Records; Records of Gap 1-3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since the debts by the above notarial deeds have ceased to exist due to repayment, etc. after the preparation of the notarial deed, compulsory execution based on the above notarial deeds is not permissible.

B. Since the defendant withdrawn an application for the above seizure and collection order and rescinded the execution, the plaintiff did not have any interest in filing the lawsuit of this case, but the lawsuit of objection to the claim does not seek a specific execution act or exclusion of the execution disposition.