청구이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
As the cause of the instant claim, the Plaintiff was sentenced to partial winning judgment by the Incheon District Court 2017Na54107, which was rendered by the Defendant against the Plaintiff, but the above judgment claim was extinguished by offsetting the Plaintiff’s unjust enrichment return claim against the Defendant by unjust enrichment return, etc., and thus, a compulsory execution based on the above judgment cannot be allowed, the Defendant asserted that the instant lawsuit is unlawful.
The purpose of this case is to exclude executory power by asserting the substantive reasons for the claim indicated in the final judgment and the final judgment and other valid executive titles. In this case, the defendant's appeal against the above judgment is a final appeal against the Supreme Court Decision 2017Da274758, and it is obvious that the above case is still pending in the Supreme Court. Thus, the defendant's appeal against the above judgment cannot seek the exclusion of executory power by filing a lawsuit against objection.
Therefore, since the lawsuit of this case is unlawful because there is no benefit of protection of rights, it is so decided as per Disposition.