1. The instant lawsuit shall be dismissed.

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

A lawsuit of demurrer against a claim refers to a lawsuit demanding the exclusion of executory power by asserting the substantive reasons with respect to a claim indicated in the executive title, such as a final judgment, which becomes final and conclusive by the debtor (Article 44 of the Civil Execution Act).

Therefore, since a judgment with uncertain status cannot become an effective executive title, a lawsuit of demurrer can not be brought to seek the exclusion of executive force against it.

(See Supreme Court Decision 2012Da70012 Decided November 15, 2012 (see, e.g., Supreme Court Decision 2012Da70012). As to the instant case, the Defendant filed a lawsuit against the Plaintiff on the claim for loans, and the Defendant’s duplicate of the complaint was served by public notice on the Plaintiff, and the Defendant’s claim was declared on August 14, 2012, but the Plaintiff filed a subsequent appeal on December 4, 2014 by the court 2014Da12480, and the Plaintiff dismissed the Defendant’s claim on June 4, 2015. The fact that the Defendant filed a final appeal on June 18, 2015, and the fact that the Supreme Court was pending in the final appeal as prescribed by the Supreme Court Regulation No. 2015Da3665555, the parties to this case did not have any significant dispute or is very difficult.

Therefore, this Court Decision 2012Ga23113, for which the plaintiff seeks to exclude executory power, has not yet become final and conclusive, and thus, it cannot file an objection suit against this issue.

The instant lawsuit is unlawful and dismissed.