1. The Defendant’s payment order for the Defendant’s loans to the Changwon District Court 2016Ra27, Changnam District Court 2016.

According to the evidence submitted, it is recognized that the Plaintiff deposited KRW 6,50,000, in excess of the total amount of the principal and interest of bonds and the execution cost of the real estate compulsory auction case (Seoul District Court 200,000,000 under the payment order (hereinafter “instant payment order”) issued by the Changwon District Court 2614, August 3, 2018 for the Defendant under the payment order stated in the Disposition No. 2614 (hereinafter “instant payment order”). Thus, it is determined that the Defendant’s claim against the Plaintiff based on the instant payment order was extinguished by the above payment deposit.

Therefore, the plaintiff's claim of this case seeking the exclusion of the executive force of the payment order of this case is reasonable, and it is so decided as per Disposition by admitting it.

(1) On October 201, 2018, the Defendant alleged to the effect that “The Defendant received the said deposit without any objection, and withdraws the said application for compulsory auction, and thus the execution thereof was cancelled, there is no interest in the instant lawsuit.” However, since the claim objection lawsuit seeks to exclude general executory power with executive title, the grounds for the Defendant’s assertion alone cannot be deemed unlawful as there is no interest in the instant lawsuit.”