1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Eastern District Court Decision 2011Gaso3349 is denied.

2...

1. Basic facts

A. On October 21, 2011, the Defendant filed a lawsuit against the Plaintiff for wage payment with Seoul Eastern District Court Decision 201Da3349, and was sentenced to the judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 20,000,000 and the amount calculated at the rate of 20% per annum from September 15, 2009 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. According to the judgment of this case, the defendant applied for a compulsory auction of real estate for the real estate owned by the plaintiff to the Jung-gu District Court C.

C. On November 15, 2019, the Plaintiff deposited KRW 60,679,452 with the Defendant as the principal and interest obligation of the instant judgment (i.e., the principal amount of KRW 20,00,000,000 calculated at the rate of 20% per annum from September 15, 2009 to November 15, 2019) and KRW 64,072,822, including the expenses incurred in the said compulsory auction and KRW 3,392,370.

The defendant withdrawn the above application for compulsory auction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, since debts based on the judgment of this case were all extinguished by the above repayment deposit, compulsory execution based on the judgment of this case cannot be permitted.

Therefore, the plaintiff's claim seeking the exclusion of the executory power of the judgment of this case is justified.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.