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

A. The Defendants filed a lawsuit against the Plaintiff as the District Court Decision 2011Ga6165, and they asserted that they filed a sales contract with F, the Plaintiff’s agent, concluded a sales contract on real estate owned by the Plaintiff, and paid the purchase price, and the Plaintiff’s obligation to transfer ownership was impossible. Thus, the Defendants asserted that they filed a claim for the purchase price already paid as compensation for damages following the cancellation of the said sales contract and damages for delay.

B. In the instant case, F was recognized as liable for the presentation agent under Article 126 of the Civil Act to the Plaintiff or the Plaintiff, and the judgment that fully accepted the Defendants’ claims became final and conclusive (hereinafter “instant final and conclusive judgment”).

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination as to the claim

A. The gist of the Plaintiff’s assertion was that the Defendants submitted a false sales contract or made a false assertion in a lawsuit after the final and conclusive judgment of the instant case, and that they were aware of excessive claims for the purchase price.

Therefore, compulsory execution based on the final judgment of this case is unfair, and thus, it should be rejected.

B. Determination 1) In a case where an executive title subject to an objection in a lawsuit seeking objection is a final and conclusive judgment, the grounds should arise after the closure of pleadings in the relevant lawsuit, and even if the debtor was unaware of such circumstances without fault and failed to assert it before the closure of pleadings, such circumstance may not be deemed as the grounds for objection (see, e.g., Supreme Court Decision 2005Da12728, May 27, 2005). The circumstance that the Defendants submitted a false sales contract or made a false assertion and claimed an excessive amount of sales proceeds in the instant lawsuit is the circumstance that the Defendants had already existed before the closure of pleadings in the final and conclusive judgment of this case, and the grounds for objection is legitimate.