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

A. The defendant filed a claim against the plaintiff's wife C, including the plaintiff, with Busan District Court Decision 2005Gapo249247, and the above court in Busan District Court Decision 2006Na18362 in accordance with the plaintiff's appeal, "the plaintiff jointly and severally with the co-defendant C and D shall pay 3.5 million won to the defendant until September 30, 2007, but if the payment is delayed, it shall pay the delayed amount at a rate of 20% per annum from October 1, 2007 to the day of full payment." The above decision of recommending reconciliation (hereinafter "the decision of recommending reconciliation of this case") became final and conclusive on October 2, 2007.

B. According to the decision of the recommendation for reconciliation of this case, the Defendant filed an application for auction of movable property with the Busan District Court E as the debtor, and received a successful bid on February 5, 2015 by reporting the movable property owned by the Plaintiff at the highest price.

C. On June 15, 2009, the Plaintiff filed an application for bankruptcy and exemption with the Busan District Court Decision 2009Hadan2611, 2009Ha2618, Nov. 16, 201 (hereinafter “instant decision on exemption”) and the said decision became final and conclusive on December 8, 2011.

The plaintiff did not enter the defendant's claim in the list of creditors of the above case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 2, 3 and 4 evidence, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that, inasmuch as the defendant's claim was exempted pursuant to the decision of exemption of the case, compulsory execution based on the decision of recommending reconciliation of this case should be rejected.

The defendant asserts that the defendant's claim is non-exempt claim because the plaintiff did not enter the defendant's claim in the list of creditors in bad faith.

B. (i) The obligor is “a claim not entered in the list of creditors in bad faith” under Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act.