1. Revocation of the first instance judgment.

2. The Defendant’s loans to the Plaintiff, Seoul Southern District Court 2013 Ghana16068.

1. Basic facts

A. In the case of a loan claim filed by the Defendant against the Plaintiff as Seoul Southern District Court Decision 2013 Ghana16068, the said court rendered a judgment by service, on June 17, 2014, that “the Plaintiff shall pay to the Defendant 10,000,000 won and the amount calculated by the rate of 20% per annum from April 12, 2014 to the date of full payment.” The said judgment became final and conclusive on July 15, 2014.

(B) The plaintiff did not file an appeal even though he knows that the judgment was rendered by service by publication.

According to the above judgment, the defendant applied for a compulsory auction of real estate to Suwon District Court Sungnam Branch D on July 18, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. Determination

A. The plaintiff's assertion ① 10,000,000 won paid by the defendant to the plaintiff was a donation for insurance business expenses, but a false lawsuit was filed and a judgment was rendered that does not fit for the substantive relationship. The compulsory execution according to the above final judgment constitutes an abuse of rights which is obviously contrary to justice and thus is obviously unacceptable for social life. ② The plaintiff's deposit of judgment with the court of first instance after the court of first instance, thereby extinguishing all obligations based on the final judgment. Accordingly, compulsory execution should be denied.

B. Determination ① In the event an executive title is a final and conclusive judgment, the grounds for raising an objection should arise after the closing of argument in the final and conclusive judgment. However, even based on the Plaintiff’s assertion, the grounds for raising the objection of this case alleged by the Plaintiff are the grounds that had already occurred prior to the date of closing of argument in the final and conclusive judgment. Therefore, the grounds for raising an objection

On the other hand, even if the right is established by the final judgment, it is defined that the execution based on the judgment is remarkably unfair and the other party is authorized to execute it.