1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On April 26, 2011, the Defendant: (a) entrusted the preparation of authentic deeds in the position of the principal and the Plaintiff’s agent at the CGeneral Office of the Seoul Central Public Prosecutor’s Office; and (b) completed notarial deeds under a monetary loan agreement for consumption with the recognition of compulsory execution (around April 8, 2011, the Plaintiff was due on May 8, 201, 201; (c) 30% per annum; and (d) 10,000,000 won per annum.

B. On May 18, 2015, the Defendant applied for a seizure and collection order on June 2, 2015, with respect to the Plaintiff’s right to claim KRW 10,000,000 of the principal of the said notarial deed, against the Plaintiff’s third party obligor’s deposit in the case of suspending compulsory execution (No. 20122) against the Republic of Korea, for a seizure and collection order against the third party obligor.

(2015TT No. 8523, hereinafter “instant claim seizure and collection order”). [Grounds for recognition] No dispute exists, Gap evidence No. 1, and evidence No. 2, and the purport of the whole pleadings.

2. We examine ex officio the legality of the instant lawsuit.

Since the Plaintiff filed a non-permission against the seizure and collection order of the instant case, first of all, it is not allowed to seek the exclusion of the enforcement title itself, rather than seeking the exclusion of the enforcement title itself (see Supreme Court Decision 71Da1008, Dec. 28, 1971). Accordingly, the Plaintiff’s lawsuit of this case is unlawful in itself by itself.

(1) The court issued two orders of correction to review the amendment of the purport of the claim to the Plaintiff, and ordered the first date for pleading to examine the amendment of the purport of the claim to the same purport, but the Plaintiff did not comply with the order). In addition, even if the Plaintiff’s instant claim was to seek cancellation of the order of seizure and collection.