1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff as Seoul Southern District Court 2010Kadan65126, and submitted as evidence the document of a monetary loan agreement as of February 5, 2008 prepared by the Plaintiff, the certificate of loan agreement as of March 12, 2008, the loan certificate as of April 15, 2008, the certificate of the money loan loan agreement as of July 11, 2008, and the cash custody certificate as of July 6, 2009.

B. In the above lawsuit, the Plaintiff asserted that each of the above notarial deeds, loan certificates, and cash custody certificates were only prepared and presented to C by the Defendant’s husband upon the Defendant’s request, and was present at the conciliation date and the first to third pleading, and the pleading was closed on the date of the last fourth pleading.

After December 13, 2011, the judgment accepting the Plaintiff’s claim was rendered (hereinafter “the final judgment of this case”) and the original judgment was served on the Plaintiff’s domicile and finalized as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, 15 evidence, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. Each notarial deed, loan certificate, and cash custody certificate, which served as the basis for recognizing the defendant's claim in the final judgment of this case alleged by the plaintiff, are prepared by the defendant in collusion with the plaintiff, and the defendant bears the defendant's obligation against the plaintiff.

Therefore, the final and conclusive judgment of this case violates the substantive legal relationship and the compulsory execution based on it constitutes abuse of rights, so the execution power of the final and conclusive judgment of this case should be excluded.

B. First of all, since the notarial deed, loan certificate, and cash custody certificate stating the plaintiff's intent to pay the amount to the defendant have been prepared falsely, the declaration of intention based on each of the above documents is invalid as a false declaration of conspiracy, and its executive title is final and conclusive in the lawsuit of objection.