A. The Plaintiff is the debtor of the Gwangju District Court 2008 tea3928 transfer proceeds, and the Defendant is the successor of D Co., Ltd. to C Co., Ltd., the creditor of the same case. On October 6, 2016, the Plaintiff filed a petition for personal bankruptcy and exemption with the Gwangju District Court at the same time, and the decision of bankruptcy was rendered on January 25, 2017, and the decision of immunity was finalized as of July 29, 2017 upon receiving the decision of adjudication of bankruptcy from July 14, 2017.

At the time of the application for bankruptcy and exemption, the Plaintiff was unable to memory the Defendant’s obligation because there was no yellow situation, such as receiving the demand for repayment of the obligation from many creditors, and omitted the list of creditors in sequential order, and became aware that it was necessary to serve the Defendant with a written decision of seizure and collection order. If the Plaintiff memorys the Defendant with the obligation at the time of the application for bankruptcy and exemption, it would naturally be included in the list of creditors, and there was no reason to omit it intentionally.

Therefore, compulsory execution based on the order of payment order stated in the order must be rejected.

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act;