The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. The defendant applied to the Seoul Central District Court for a payment order with a rate of 25% per annum from February 19, 2009 to the day of complete payment, and the above payment order was finalized on March 18, 2009.

(Seoul Central District Court 2009 tea7503, hereinafter referred to as the "instant payment order"). (b)

On September 18, 2014, the Defendant filed an application for a compulsory auction with the Jeonju District Court for each Plaintiff’s share 3/9 among the site and its ground buildings of Jeonju-gun, Jeonju District Court on September 18, 2014.

On September 19, 2014, the above court rendered a decision to commence compulsory auction (former District Court DD), and on May 6, 2015, the distribution schedule was prepared to distribute KRW 7,466,829 to the Defendant, and the Defendant received KRW 7,466,829 as dividends.

C. On May 8, 2015, the Plaintiff filed a lawsuit of demurrer against the Defendant on the ground that the Defendant’s claim against the Seoul Central District Court had ceased to exist due to repayment or completion of prescription, claiming for denial of compulsory execution based on the original copy of the instant payment order.

(Seoul Central District Court 2015Kadan83727). On September 10, 2015, the above court rendered a decision in lieu of conciliation with the purport that "the defendant does not perform any compulsory execution based on the original copy of the instant payment order against the plaintiff, and the compulsory execution already performed shall be rescinded," and on September 15, 2015, the court rendered a decision in lieu of the above conciliation that "any compulsory execution" in paragraph (1) of the decision was revised as "any other compulsory execution (the Jeonju District Court 2009 Tachi3273)".

On September 18, 2015, the Plaintiff raised an objection in lieu of the above conciliation. On November 10, 2015, the Defendant between the Plaintiff and the Defendant. On November 10, 2015, the Defendant did not perform compulsory execution based on the original copy of the instant payment order against the Plaintiff, and the compulsory execution already cancelled.

2. The defendant.