1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion

A. The Defendant filed a lawsuit against the Plaintiff seeking unjust enrichment as Busan District Court Decision 2015Kadan1488, and received a judgment where the Defendant’s claim is accepted (hereinafter “instant judgment”), and accordingly, the Defendant commenced compulsory execution, such as requesting for the seizure and collection order of the claim under Busan District Court Decision 2015 TaT22532.

B. The Plaintiff filed an appeal regarding the instant judgment by asserting that “only received and delivered the investment money from the Defendant, and without deceiving the Defendant or embezzling the investment money, the instant judgment was rendered,” and filed an application for review of the foregoing claim seizure and collection order (Dasan District Court 2016Red. 2).

C. Therefore, compulsory execution based on the instant judgment shall not be permitted.

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

A lawsuit of demurrer against a claim refers to a lawsuit demanding the exclusion of executory power by asserting the substantive grounds 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, the subject

On September 22, 2017, the judgment of this case, which is the executive title that the defendant submitted while requesting the seizure and collection order, was sentenced to the judgment against the defendant's claim dismissed on September 22, 2017, and the judgment of this case became final and conclusive.

Therefore, the judgment of this case, which is the executive title of the defendant against the plaintiff, has lost its validity, and the plaintiff's claim of this case seeking the exclusion of executive power lost its validity is unlawful.

3. Thus, the plaintiff's lawsuit of this case is unlawful.