1. Of the instant lawsuits, the part demanding the denial of compulsory execution regarding KRW 28,026,945 shall be dismissed.

2. The defendant.

Facts of recognition

According to the instant judgment, the Plaintiff was obligated to pay 24,46,165 won to the Defendant with 5% interest per annum from September 7, 2012 to January 9, 2015, and 20% interest per annum from the following day to the date of full payment.

The Plaintiff deposited KRW 28 million as security for the Defendant on February 6, 2015, when filing an application for the suspension of enforcement with Seoul High Court 2015Karo61.

The instant judgment was finalized in the final appeal on June 24, 2015.

On August 4, 2015, the Defendant received a collection order as the Daejeon District Court Seosan Branch 2015TTTT1456, which issued the seizure and collection order regarding the right to claim the recovery of the deposit.

The defendant for the same year

8. On August 18, 199, the Seoul High Court rendered a decision to revoke the above security in subrogation of the Plaintiff as the Seoul High Court No. 2015 Chicago245, the same year.

8. 24. 28,026,945 won (=interest 26,945 won) was collected.

On September 16, 2015, the Plaintiff deposited 2,352,333 won remaining after deducting the above collection amount from the amount of debt pursuant to the judgment of this case with the Defendant as the principal deposit, and the Defendant received this without reservation.

[Reasons for Recognition] In the absence of dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 through 3, and the summary of the defendant's argument as to the defense prior to the merits of the whole pleadings, since compulsory execution according to the judgment of this case has been completed and the defendant has been satisfied, there is no benefit to seek non-performance of compulsory execution due to the lawsuit of objection.

Judgment

After the compulsory execution based on executive title has been completed as a whole, there is no benefit to seek the denial of such compulsory execution by a lawsuit of demurrer against a claim any longer after the creditor has satisfied.

The lawsuit shall be dismissed with respect to the part on which the compulsory execution based on the executive title has already been terminated, and the propriety of the claim on the merits shall be examined and determined only with respect to the part on which

(see, e.g., Supreme Court Decision 2013Da82043, May 29, 2014). The Defendant collected a collection order as the seizure and collection order.