청구이의
1. Based on the Defendant’s decision of performance recommendation as of December 6, 2016, this Court 2016Gauri1583 against the Plaintiff.
1. On November 29, 2016, the Defendant filed a lawsuit against the Plaintiff on the ground that the Defendant had a claim against the Plaintiff for the amount of KRW 14,540,000 against the Plaintiff under this Court’s 2016 Ghana 1583, and the Defendant filed a claim against the Plaintiff for the payment of the said amount of acquisition money and the damages for delay thereof. The decision of performance recommendation made on December 6, 2016 by this Court was served on the Plaintiff on January 4, 2017, and became final and conclusive on the 19th of the same month.
2. The Plaintiff asserts that, as the Defendant’s claim for construction price against the Plaintiff that he was transferred by C did not exist at the time of transfer, compulsory execution based on the above performance recommendation decision shall not be allowed. Accordingly, the Defendant asserts that there exists the claim for construction price as above.
In light of the contents, etc. of Gap evidence No. 5-1 (decision), it is not sufficient to acknowledge the fact that Eul had a claim for construction cost as alleged by the defendant against the plaintiff at the time of the assignment of the claim in this case, and there is no other evidence to prove otherwise.
3. If so, the defendant's claim for acquisition money against the plaintiff stated in the order of execution recommendation did not exist from the beginning.
Since compulsory execution based on the above decision of performance recommendation is not permissible.