1. The instant lawsuit shall be dismissed.

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

1. The following facts are deemed to have been led by the defendant under Article 150(3) of the Civil Procedure Act:

A. On April 30, 2015, the Defendant filed a lawsuit against the Plaintiff for lease deposit with the Chuncheon District Court 2014Gaso4986, and on April 30, 2015, the Plaintiff paid a sum of KRW 7,777,530 and delay damages to the Defendant, and received a judgment that the said payment obligation may be provisionally executed.

(hereinafter “instant judgment”). B.

On November 27, 2015, the Plaintiff lodged an appeal against the instant judgment, and in the case of Chuncheon District Court 2014Na2625, the appellate court, the appellate court, the Plaintiff paid KRW 7,000,000 to the Defendant by December 31, 2015, and if the Plaintiff wishes to pay 10,000,000,000 and delay damages therefrom, a judicial compromise (hereinafter “judicial compromise in this case”) was established with the purport that the Plaintiff shall pay 10,00,000 won to the Defendant.

C. On December 24, 2015, the Plaintiff paid KRW 7,000,000 to C’s account.

On September 15, 2015, the Defendant issued a collection order for the attachment and collection of the claim to the Suwon District Court 2015TTT18307 case with the title of execution of the instant judgment as the title of execution.

2. Determination

A. The plaintiff's assertion asserts that the compulsory execution by the judgment of this case should not be allowed, since the plaintiff paid his debt through the judicial compromise of this case.

B. A lawsuit seeking objection is for the purpose of excluding the executory power by asserting the substantial grounds for the final judgment that became final and conclusive and other claims indicated in the valid title of execution. The judgment of this case where the plaintiff seeks the exclusion of executory power is established and thus the executory power by a declaration of provisional execution has already been lost, and the judgment of this case is not subject to a lawsuit since the plaintiff appealed against the judgment of this case and the judgment of this case has not become final and conclusive.

Therefore, it is necessary.